HomeMy WebLinkAboutRowehl, Robert (2)1000-100-2-6.3
(f/k/a 1000-100-2-p/o 6.1)
Baseline Documentation
Premises:
No # Oregon Road
Mattituck, New York
24.108 acres
Development Rights Easement
ROBERT ROWEHL
to
TOWN OF SOUTHOLD
Easement dated May 9, 2007
Recorded May 23, 2007
Suffolk County Clerk - Liber D00012506, Page 556
SCTM #: 1000-100-2-6.3
(f/k/a 1000-100-2-p/o 6.1)
SEE Rowehl baseline for
1000-94-4-2 (5.003 acres) re:
Town's purchase of
development rights easement
Premises: No # Oregon Road
Hamlet: Mattituck
Purchase Price: $198809424.00
(24.108 acres @
$78,000/buildable acre)
Funding: Community
Preservation Fund
(2% land bank) and
NYS Ag & Mkts grant
($7199464.00)
CPF Project Plan: Yes
Total Parcel Acreage: 27.248 acres
Development Rights: 24.108 easement acres
Reserved Area: 3.140 acres
Zoned: A-C
Existing Improvements: In April 2007 —
easement area is a
vacant farm field
DESCRIPTION
LAND
The subject is a parcel of land having an area of 24.25_+ acres. It is part of a larger
parcel which has an irregular shape with 501_+' of frontage on the northerly side of Oregon
Road, having an area of 27.25+ acres. Its northerly border has 72_+' of frontage along the
southerly side of Sound View Avenue which is essentially an access strip. It has a westerly
boundary of 3,326_+' and an easterly boundary, which better represents the actual usable
depth of the property (the main body, not the access strip portion). The subject is a 24.25_+
acre portion of the above described property. The appraisers have not been furnished a
surveydepicting the actual subject portion. The subject portion has been described asthe
above description less 3.00_+ acres at the southerly end. The subject is presumed to retain
sufficient access along Oregon Road to support development.
The above dimensions are taken from the Suffolk County Tax Map and the last deed
of record for the subject. We have included a copy of the Tax Map in the addenda to this
report.
Utilities (electric and telephone) are available along the property's road frontage.
Oregon Road and Sound View Avenue are two way, two lane, publicly maintained
macadam paved roads. Public water is not available to the subject.
In the addenda to this report, we have included a copy of the Suffolk County Tax Map
which shows the entire property of which the subject of this appraisal is a portion.
The property has a generally level topography and is mostly cleared. It is situated at
or near grade with the abutting reads and is in use for agricultural purposes.
GIVEN
DESCRIPTION (CONTINUED)
~ LAND (CONTINUED)
Land surrounding the subject is primarily vacant or improved residential properties.
IMPROVEMENTS
The subject is appraised as unimproved vacant land
PRESENT USE AND OCCUPANCY
The subject is presently vacant farmland.
EGIVEN ',..
P
R
0
P
E
R
T
Y
V
I
S
U
A
L
S
I S~BJ~CT PHOTOGRAPHS
Rowehl Farm & 5 acres
August 2006
I
I
I
I
I
I
I
VIEW FROM PRIVATE ROAD
I
I
I
I
I
I
I
I
ADDITIONAL VIEW FROM PRIVATE ROAD
~GIVEN
I SUl~JECT PH(}TOGI~I~PHS Rowehl Farm & 5
acres
August 2006
I
I
I
I
I
I
I
STREET SCENE ALONG PRIVATE ROAD FACING SOUTH
I
I
I
I
I
I
I
I
STREET SCENE ALONG PRIVATE ROAD FACING NORTH
~GIVEN
I
I
I
I
I
I
I
!
I
I
1
I
!
SUBJECT PHOTOGRAPHS
View of Subject - Facing Northerly
View of Subject - Facing Southerly
Roweh] Farm
December 2002
~G-IVEN ~s
I
I
I
I
I
I
I
I
!
I
!
I
SUBJECT PHOTOGRAPHS
View Easterly Along Oregon Road
View Westerly Along Oregon Road
Rowehl Farm
December 2002
I
I
I
I
I
I
I
I
I
1
!
I
SUBJECT PHOTOGRAPHS
View Eastedy Along Sound View Avenue
View Westedy Along Sound View Avenue
Rowehl Farm
December 2002
~GIVEN
Tax Map Location
A
P
P
R
A
I
S
A
L
M
O
T
I
O
N
LAND PRESERVATION COMMITTEE MEETING
MONDAY, DECEMBER 2, 2002 AT 7:30 P.M.
MINUTES
Present were: Ray Blulm, Ray Huntington, John Sepenoski, Bill Edwards, Erik
Keil, Melissa Spiro, Tom Wickham, Tim Caufield, and Alan Connell.
Melissa discussed the Robert Rowehl application with the Committee. He is
offering approximately 25 acres for preservation. A motion was made by Ray
Blum and seconded by Ray Huntington to have an appraisal done on this. All
were in favor.
LAND PRESERVATION COMMITTEE MEETING
Minutes of Regular Meeting held
Tuesday, August 22, 2006
Members Present:
Members Absent:
Also present:
Ray Huntington Chris Baiz
John Sepenoski Lillian Ball (7:29 p.m.)
Ray Blum, Chairman Michelle Zaloom
Melissa Spire, Land Preservation Coordinator
Melanie Domski, Land Preservation Secretary
Eric Keil (7:35 p.m.)
Commencement:
· The meeting began at 7:30 p.m. with four LPC members present.
Adoption of Meeting Minutes:
· Adoption of LPC meeting minutes from August 1, 2006
MOTION made by Ray Huntington, seconded by Chris Baiz, to accept the minutes of August 1,2006.
Motion carried 4/0.
Applications:
· ROWEHLPROPER'FY
SCTM #: 1000-100-2-6.1 Zoned: A-C
Location: 2755 Oregon Rd, Mattituck F/MWet: 0 acres
Total Acreage: 27.25 acres (GIS 27.35 acres) CPF: Yes
Subdividable: Yes
SCTM #: 1000-100-94-4-2 Zoned: A-C
Location: 2755 Oregon Rd, Mattituck F/MWet: 0 acres
Total Acreage: 5.0 acres CPF: Yes
Subdividable: No further subdivision (C&R's)
Discussed status.
Melissa Spiro met with Butch Rowehl to discuss land preservation options for his farm that is adjacent to
the Shur property on which the Town recently purchased a development dghts easement and gave LPC
members her view of the landowner's present position.
MOTION made by Ray Huntington, seconded by Lillian Ball, to direct Melissa Spiro to commission a new
appraisal, or an update to the existing appraisal, on the Rowehl property and also to request value for
PDR easement on Rowehl's adjacent 5 acre lot.
Motion carried 5/0.
E
N
V
I
R
O
N
M
E
N
T
A
L
S
U
M
M
A
R
Y
Phase I
Environmental Site Assessment
Rowehl Property
1..~0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis,
LLC in order determine if potential environmental or public health concerns are present. This
report is intended to identify Recognized Environmental Conditions (as defined in ASTM
Standards on Environmental Site Assessments for Commercial Real Estate) on the subject
property based on the four (4) basic components of a Full Phase I Environmental Site
Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting.
The subjec~property consists of-~,~roff~2)-adjacent parcels-that-lie in-the-llairdet-of-Mat~ek,
Town of Southold, County of Suffolk, New York. At the request of the Client, a separate
summary for each tax lot is provided below.
Tax Parcel SCTM# 1000-94-4-2
The subject parcel is identified as Suffolk County Tax Map # t000-94-04-2 and is part of a larger
property whose address is 2755 Oregon Road. The site locatednorthwest of the intersection
between Oregon Road and Elijah's Lane. The parcel which is the subject of this summary is
more precisely located 400 feet south of Sound View Avenue and 1,200 feet north of Oregon
Road.
The subject parcel is rectangular in shape and consisst of five (5) acres of actively farmed land.
No improvements or facilities were noted within the boundaries of the parcel. In addition, no
evidence of spills, staining, or other environmental impact were observed.
Sanborn Map coverage was not available for the subject property. Aerial photographs from
1938, 1955, 1966, 1978, 1984, 1996 and 2004 were reviewed in order to determine if any prior
uses occupied the subject property. All of the aerials provided show that the subject property has
been used for agricultural purposes since prior to 1938.
An extensive government records search found no potential sources of environmental
degradation on the subject property. Review of several Federal, State and County regulatory
databases revealed the presence of one (1) PBS facility within one-quarter (0.25) mile of the
subject property and one (1) closed spill incident within one-half (0.5) mile of the property.
In conclusion, the assessment of this parcel has revealed no evidence of recognized
environmental conditions in connection with the property, subject to the methodology and
limitations of this report. However, the following recommendation is issued:
1. If the agricultural portions of the site are ever proposed for residential development, then the
Town of Southold should be contacted to determine if sampling for pesticides or any other
related compounds will be necessary.
Rowehl Property, Mattituck
Phase I ESA
Tax Parcel SCTM# 1000-94-4-p/o 6.1
The subject parcel is identified as Suffolk County Tax Map # 1000-94-04-p/o 6.1 and is part of a
larger property whose address is 2755 Oregon Road. This site is located northwest of the
intersection between Oregon Road and Elijah's Lane. The parcel which is the subject of this
summary is more precisely located 350 feet north of Oregon Road.
The subject property is generally rectangular in shape and consists of approximately twenty-five
(25) acres of actively farmed land. The only notable feature on the subject property consisted of
an intermittent stream identified on the Suffolk County Soil Survey which was noted to traverse
the northern end of the property. Inspection of this area did not reveal the presence of any
draingeway, gully or intermittent stream. No improvements or facilities were noted within the
boundaries of the parcel. In addition, no evidence of spills, staining, or other environmental
impact were observed.
SanbomqVlap coverage-was-not-available for-the~subject property,. Aerial photographs4~om
1938, 1955, 1966, 1978, 1984, 1996 and 2004 were reviewed in order to determine if any prior
uses occupied the subject property. All of the aerials provided show that the subject property has
been used for agricultural purposes since prior to 1938.
An extensive government records search found no potential sources of environmental
degradation on the subject property. Review of several Federal, State and County regulatory
databases reveal the presence of one (1) PBS facility within one-quarter (0.25) mile of the subject
property and one (1) closed spill incident within one-half (0.5) mile of the subject property.
In conclusion, the assessment of this parcel has revealed no evidence of recognized
environmental conditions in connection with the property, subject to the methodology and
limitations of this report. However, the following recommendation is issued:
1. If the agricultural portions of the site are ever proposed for residential development then the
Town of Southold should be contacted to determine if sampling for pesticides or any other
related compounds will be necessary.
mm
mm mm m m m m
mm mm m m mm m m
mm
I
I
I
I
I
i
!
!
I
I
i
I
I
FIGURE I
LOCATION MAP
Source: DeLorme Street Atlas
Scale: Nol to Scale
Rowehl Property, Mattituck
Phase I ESA
NOR'IH
I
I
I
I
I
i
I
I
l
I
i
!
!
I
i
FIGURE 2
AERIAL PHOTOGRAPH
Source: NYSGIS Orthoimagery Program, 2004
Scale: I": 200'
#~
Rowehl Property, Matlit~¢k
Phase I ESA
NORTH
Rowehl Proper~', Mattituck
Phase I ESA
FIGURE 3
LANDiUSEi~ MiP~~
i
I
!
i
I
FIGURE 4
ZONING MAP
Rowehl Property, MaRituck
Phase I ESA
Source: Town of Southold Zoning Map
Scale: 1" 800'
I
I
I
i
I
I
Rowehl Property, MattitUck
Phase I ESA
FIGURE 5
SOILi MAP
I
I
I
[
I
I
i
FIGURE 6
TOPOGRAPHIC MAP
So~c~ [JCGS Topographic Quad~angte~ Mattimck Hills
Scale. I
Rowehl Property, Mattituck
Phase i ESA
H O
NORTH
I
FIGURE 7
Rowehl ProperS, Matlttuck
Phase ! ESA
I
I
I
I
I
I
t
I
!
I
!
I
I
I
!
WATER TABLE MAP
6756'
S91814
Source: USGS Water Reaoorcc~ lnvestigalion Report, 2001
Scale: Not to Scale
%
Approximate Site
NORTH
l
I
FIGURE 8
I
I
I
I
I
I ! I I I
I I
Rowehl Property, Mattituck
Phase I ESA
I
WATERMAIN MAP
Source: SCWA Dis~ibulion Map
Scale: Not Ix) Scale
NORTH
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
FIGURE 10
FLOOD MAP
ZONE X
Source: FEMA Flood Map
Scale: 1" 800'
of
Rowehl Property, Mattituck
Phase I ESA
Town of SouthO
~6flRl ~
NORFH
Toxics Targeting
1 Mile Radius Map
Rowehl Property
Mattituck, NY 11952
.E~_ N atlonel Priority
List (NPL)
(~ Disposal Registry Site
Site
L~catlon
Border
Suffolk County
Inact Haz Waste C*isp
RCRA Corrective
~ Waterbody
Roweh[ Property
1/2 0 1/16 1/8
Distance In Miles
1/4 1/2
Toxics Targeting
1/2 Mile Radius Map
Rowehl Property
Mattituck, NY 11952
CERCLIS Superfund
~ Non-NFRAP Site
] He~7.ardous Waste Treater,
Storer, Disposer
Hazardous Substance
I~ Waste Disposal Site
Site
Location
Border
1 Mile
Radius
Suffolk County
ODelisted NPL Site
CERCI. IS Supelfund
Solid Waste
G Facility
~ Waterbody
Railroad
Tracks
1/2 Mile
Radius
Rowehl Propert, y
Toxics Targeting
1/4 Mile Radius Map
Rowehl Property
Mattituck, NY 11952
Storage Facility
Chemical Storage
Toxic
Wastewater
~ Discharge
-~ Site
Locallon
Border
= = = 1/4 Mile
Radius
Suffolk County
Petroleum Bulk
Storage Facility
Hazacdous Waste
~ Waterbody
!
/.
Toxics Targeting
1/4 Mile Closeup Map
Rowehl Property
Mattituck, NY 11952
N
.~National Pdodty
List (NPL) * O
I~ CERCLI$ Superru~r?
Non~NFRAP Site * E~
inactive Hazardous Waste
~) Disposal Registry Sile ' ~
[] HazardousWasteTreater, ~'~
Storer, Disposer **
i~ Hazardous Substance
Waste Disposal Site '* ~
Major Oil
Location
Border
Radius
Suffolk County
Delisted NPL Site **
CERCLIS SHperfund
?.FRAP Site
Inact Haz Waste Disp
Registry Qualifying *
RCRA Corrective
Action Facility *
Solid Waste
Facility **
Srownfields
~ Waterbody
*' 1/2 Mile Search Radius
, j * 1 Mile Search Radius
1/4 0 1/8 1/4 °' 1/4 Mile Search Radius
Distance In Miles
P
U
B
L
I
C
H
E
A
R
I
N
G
Town of Southold - Letter Board Meeting of March 27, 2007
RESOLUTION 2007-329
ADOPTED
Item # 33
DOC ID: 2735
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-329 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 27, 2007:
RESOLVED that the Town Board of the Town of Southold hereby amends resolUtion #2007-
281~ adopted at the March 13~ 2007 regular Town Board meeting:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesda¥~ April l0T 2007~ at 7:50 p.m.~ Southold Town Hall, 53095 Main Road,
Southold, New York as the time and place for a public hearing for the purchase of development
rights easements on properties owned by Robert Rowehl. Said properties are identified as part of
SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address
for the two adjacent parcels is 2755 Oregon Road, Matfituck, New York. Parcel A is located at
the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road,
running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is
accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly
from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning
district. The proposed acquisition is for a development rights easement on a part of the property
identified as S CTM #1000-100-2-6.1 consisting of approximately 24+ acres of the 27± acre
parcel, and a development rights easement on the entire adjacent parcel identified as SCTM
#1000-94-4-2 consisting of 5± acres. ~
The exact area of the purchase is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight
thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty-
eight thousand dollars) for the easement on the entire 5± acre adjacent parcel plus acquisition
costs. Both easements will be acquired using Community Preservation Funds. The 24± acre
Generated March 30, 2007 Page 50
Town of Southold - Letter Board Meeting of March 27, 2007
easement purchase may be eligible for partial funding from an awarded NYS Agriculture and
Markets grant.
The properties are listed on the Town's Community Preservation Project Plan as properties that
should be preserved due to their agricultural values; and
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski .lr., Councilman
SECONDER: Daniel C. Ross, Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated March 30, 2007 Page 51
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community
Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town
Board of the Town of Southold hereby sets Tuesday, April 10, 2007, at 7:50
Southold Town Hall~ 53095 Main Road~ Southold, New York as the time and place
for a public hearing for the purchase of development rights easements on properties
owned by Robert Rowehl. Said properties are identified as part of SCTM # 1000-100-2~
6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two
adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the
northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road,
running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel
B is accessed by means of a right of way over Parcel A located approximately 3,500 feet
easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the
A-C zoning district. The proposed acquisition is for a development rights easement on a
part of the property identified as SCTM # 1000-100-2-6.1 consisting of approximately
24± acres of the 27± acre parcel, and a development rights easement on the entire
adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres.
The exact area of the purchase is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owner. The purchase price is $78,000
(seventy-eight thousand dollars) per buildable acre for the 24± acre easement and
$448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5±
acre adjacent parcel plus acquisition costs. Both easements will be acquired using
Community Preservation Funds. The 24± acre easement purchase may be eligible for
partial funding from an awarded NYS Agriculture and Markets grant.
The properties are listed on the Town's Community Preservation Project Plan as
properties that should be preserved due to their agricultural values; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
Dated: March 13, 2007 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON MARCH 29, 2007, AND FORWARD ONE (1) AFFIDAVIT
OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times Town Board Members
Land Preservation Town Clerk's Bulletin Board
Town Attorney
SOUTHOLD TOWN BOARD
PUBLIC HEARING
April 10, 2007
7:50 PM
This hearing was opened at 8:36 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural
Lands) of the Town Code, the Town Board of the Town of Southold hereby sets
Tuesday~ April 10~ 2007~ at 7:50 p.m.~ Southold Town Hall~ 53095 Main Road~
Southold, New York as the time and place for a public hearing for the purchase of
development rights easements on properties owned by Robert Rowehl. Said
properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire
SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon
Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road
where Elijah's Lane intersects with Oregon Road, running northerly to Sound View
Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right
of way over Parcel A located approximately 3,500 feet easterly from the intersection of
Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The
proposed acquisition is for a development rights easement on a part of the property
identified as SCTM #1000-100-2-6.1 consisting of approximately 24m acres of the 27~:
acre parcel, and a development rights easement on the entire adjacent parcel identified as
SCTM #1000-94-4-2 consisting of 5~: acres.
The exact area of the purchase is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owner. The purchase price is $78,000
(seventy-eight thousand dollars) per buildable acre for the 24m acre easement and
$448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 54-
acre adjacent parcel plus acquisition costs. Both easements will be acquired using
Community Preservation Funds. The 244- acre easement purchase may be eligible for
partial funding from an awarded NYS Agriculture and Markets grant.
The properties are listed on the Town's Community Preservation Project Plan as
properties that should be preserved due to their agricultural values; and
FURTHER NOTICE is hereby given that a more detailed description of the above
mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall
Annex, 54375 Route 25, Southold, New York, and may be examined by any interested
person during business hours.
I have a memo from Mark Terry, the LWRP coordinator, which after some preambles
concludes, "That the proposed action is consistent with the policy standards and there for
is consistent with the LWRP.' Let's see, I have a notice that it has appeared on the Town
Clerk's bulletin board outside, it has appeared as a legal in the local newspaper and I
have a short enviromnental assessment form for unlisted action. What else do we have?
I believe those are all of the communications in the file.
SUPERVISOR RUSSELL: Would anybody like to come up to discuss this before the
Town Board?
MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land
Preservation Coordinator. The Land Preservation Committee has been discussing
preservation with Mr. Rowehl for several years. Recently he decided that right now is
the right time for him to preserve his farm and that is why we are here tonight. In the
1990's, Mr. Rowehl applied for and received approval for a subdivision that subdivided
two five acre lots from what was then his 37 acre farm. This left him with two vacant 5
acre residential lots and a 27 acre farm, which includes his house and barn. The 5 acre
lots have access off of Soundview Avenue and the larger has access off both Soundview
and Oregon Road. The 5 acre lots were not sold off and basically remained part of the
active farm area. The preservation application before the Town will result in the
development rights easement on 100% of the interior 5 acre lot and a development rights
easement on 24 of the 27 acres of the larger farm parcel. The 3 acres not included within
the easement are located on Oregon Road and include the existing dwelling and several
barns. There were several conditions filed in a declaration of covenants and restriction
when the 1990 subdivision ~vas approved regarding common driveways and where a
future road would be located should future residential development occur. The
landowner has requested that these covenants and restrictions be amended now that the
property is being preserved and there will not any future residential development.
Covenants and restrictions can only be amended after public hearing by the Planning
Board and the Planning Board has scheduled a hearing to amend those later in April.
This amended C & R will reflect the change that there will never be any future residential
development. The Town has received a grant award of approximately $723,000 from the
New York State Ag and Markets and we believe that that grant will be eligible for the 24
acre part of this project. The Town recently preserved the farnqs to the east of the
property and the County owns the development rights already to the farm to the west.
The preservation of the Rowehl farm will fill in the middle and result in a block of over
60 acres of preserved farmland. As you can also see on the map, there is plenty of other
preserved land both to the east, west and to the south of that farm in the vicinity of it.
The north and south sides of Oregon Road are the largest blocks of active farmlands in
the Town. Oregon Road is one of the Town's main areas of active farmlands. As I stood
last week with Mr. Rowehl looking out at his farmland, it was a great feeling to know
that his farn~ and the farms to the east and west will have the potential to remain in active
farming forever. The Land Preservation Committee extends their thanks to Mr. Rowehl
for preserving his farmland and both the Committee and I strongly recommend that the
Town Board proceed with this important preservation acquisition on Oregon Road.
Thanks.
SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town
Board on this particular acquisition?
This hearing was closed at 8:41 PM
Elizabeth A. Neville
Southold Town Clerk
S
E
R
E
S
0
L
U
T
I
0
N
Town of Southold - Letter Board Meeting of April 10, 2007
RESOLUTION 2007-386
ADOPTED
Item # 49
DOC ID: 2703
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-386 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 10, 2007:
WHEREAS, the Town Board of the Town of Southold wishes to purchase development rights
easements on certain parcels of property owned by Robert Rowehl pursuant to the provisions of
Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of
the Town of Southold. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel
A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck,
New York. Parcel A is located at the northwesterly side of Oregon Road whe;e Elijah's Lane
intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C
zoning district. Parcel B is accessed by means ora right of way over Parcel A located
approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue
in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights
easement on a part of the property identified as SCTM # 1000-100-2-6.1 consisting of
approximately 24:}: acres (subject to survey) of the 27± acre parcel, and a development rights
easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres.
The exact area of the development rights easements is subject to a survey acceptable to the Land
Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight
thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty-
eight thousand dollars) for the easement on the entire 5± acre adjacent parcel, plus acquisition
costs; now, therefore, be it
RESOLVED by the Town Board of the Town of Southold that this action be classified as an
Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it
further
Generated April 11, 2007 page 67
Town of Southold - Letter Board Meeting of April I0, 2007
RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only
involved agency pursuant to SEQRA Rules and Regulations; be it further
RESOLVED by the Town Board of the Town of Southold that the Short Enviromental Form
prepared for this project is accepted and attached hereto; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations 'for this action.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANZIqOUS]
I~IOVER: William P. Edwards, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated April 11, 2007 Page 68
617.20
Appendix C
State Environmental Quelity Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UflL/STED ACTIONS Only
PART Z-PRO:/ECT tNFORMA'ITON (To be completed by Applicant OR Project) Page I of 2
1. APPLICANT~SPONSOR: Southold Town Board 2. PRO3ECT NAME: '~o~g ~ c~.e~ ~ {~)w~ e'~ ~e ~
3' PRO~E~ LOCA~ON: ..... ' ....
4, PRECISE LO~ON: (~et address and road Interse~io,s~ prominent landman, et~ or provide map)
5. IS PROPOSED ACT/ON:
[~ New [] F-xpansion [] Modification
6. DESCR/BE PRO~IECT BI~EFLY:
7. ANOU~F ~ND AFFE~ED:
INfAmy
8. WILL PROPosED A~ON ~MPLY W~ E~NG ZONING OR OTHER E~NG ~ND USE RE~ONS?
~ Yes ~ No
WHAT IS PRESENT LAND USE IN VICINTrY OF PRO3ECT?
~ Residential ~ Commercial ~ lnOustda,~ A~dculture ~
D~cnbe:
Park/Forest/Open space
Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL~ OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL
AGENCY (FEDERAI~ STATE OR LOCAL)? */1 , / / ~_. ·
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
E~ Yes ~ NO if yes, Ii~t agency(s) and permig'approvals
12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
~ Yes [~ No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
j Applicant~sponsol Na~e: ~/r' x () ~/JDate:
If the action is in the Coastal Area, and you are a state agencyt complete the Coastal Assessment For m before
proceeding with this assessment
P_AI~T ~-ENV[RONHENTAL ASSESSHENT (To be completed by Agency) Page 2 of 2
.R. DOES ACT[ON EXCEED ANY TYPE ][ THRESHOLD ZI~I 6 NYCR~ PART 617.47
B. WELL AC1~ON RECE_I'VE COORDINATED REVIEW RS PROVIDED FOR UIILZSTED ACTLON$ [N 6 NYCRR~ PART 6/.7.6? yesI~°
COULD ACT[ON RESULT IN ANY ADVERSE EFFECT~ ASS[OC[ATED WLTH THE FOLLOWING:
(Answers maybe haedwrltten~ If legible)
C1. Existing air quality, surfaco or groundwater quality or quanUty, noise levels, exishng t~affi¢ patterns solid waste production or
dispo~,~ potenUal for ereslon, dralnoge or flooding problem? Explain bdefly:
C2. Aesthetic, agricoltural~ archaeological, historic or other natural or cultural resources; or community or neighborhood character?
Expla/~DbrieflY:
C]. V/~igoetatidn or fauna fishes she,fish, or wildlife spedes, significant habitats, or threatened or endangered spedes? Explain briefly:
C4. A community's exis~iog plans or goals as offldall¥ adopted, or change in use or Intensity of Use of land or other natu~ resouroes~
C5. G/~wth, subsequent development, or related activities likely to be ioducod by the proposed action? Explain briefly:
C6 Lo/~ t
· g erin, short term, cumulative, or other effects not tdeotified In C1-CS? Explain bdefly:
C7. ~J~]er impact~ (induding changes in use of either quantity of type of energy)? Explain briefly:
D. WILL THE PRO3ECT HAVE AN IMPACT ON THE ENV[RONMENTAL CHARACTER[CS THAT CAUSED THE ESTABLISHMENT OF A
CEA?
E. IS THEREf OR IS THERE LIKELY TO BEf CONTROVERSY RELATED TO POTENT[AL ADVERSE ENVIRONMENTAL IMPACTS~
PART III- DETERMINA'F]ON OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large~ or otherwise significant. Each effect should
be assessed in connection with ils (a) setting (i.e. urban or rural); probability of occurring; (c) duration; (dO irreversibilib/; (e) g&ographic scope;
and (0 magnitude. If necessary, add attachments or reference suppOrting materials. Ensure that explanations contain sufficient detai[ to show
that all relevant adverse impacts have been identified and adequately addressed. If question D of part II was checked yes~ the determination and
significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then
proceed directly to the FULL ENV[RONPIETNAL ASSESSMENT FORM and/or prepare a positive declaration.
'[~ Ched4 this box if y~)u have determined, based on the informaUon and analysis above and any supporting documentation,
t~at the proposed action WILL NOT result in any significant adverse envirOnmental impacts AND provide on attachments
as necossary, the reasons supporting this determination:
~ ]3 ~'~ _ ~/~ Name of L~Agency
tot~ ~- 0 ~;~ L L~ '~o~fg Ut $0~
Print of type Name of~'~onsible O~F~er in Lea. al=Agency Title of Res~nsible Officer
g ute ol'~.esponsible Officer in Lead A9encY Signatur~ of prepare(if diffel~nt from of responsible officer)
P
U
R
C
H
A
S
E
R
E
S
0
L
U
T
I
0
N
Town of Southold - Letter Board Meeting of April 10, 2007
RESOLUTION 2007-389
ADOPTED
Item # 52
DOC ID: 2704
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-389 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 10, 2007:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase Qf development rights easements on certain par(~els of properties owned by Robert
Rowehl on the 27th day of March, 2007, pursuant to the provisions of Chapter 17 (Community
Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at
which time all interested parties were given the opportunity to be heard; and
WHEREAS, said properties are identified as part of SCTM # 1000-100-2-6.1 (Parcel A) and the
entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York.
Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with
Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district.
Parcel B is accessed by means ora right of way over Parcel A located approximately 3,500 feet
easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C
zoning district; and
WHEREAS, the development rights easement on Parcel A comprises approximately 244- acres
(subject to survey) of the 274- acre parcel and 5± acres of Parcel B in its entirety. The exact area
of the development rights easements is subject to a survey acceptable to the Land Preservation
Committee and the property owner; and
WHEREAS, the purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre
for the 244- acre easement and $448,000 (four hundred forty-eight thousand dollars) for the
easement on the entire 5± acre adjacent parcel, plus acquisition costs. Both easements will be
acquired using Community Preservation Funds. The 244- acre easement purchase may be eligible
for partial funding from an awarded NYS Agriculture and Markets grant; and
Generated April 11, 2007 Page 79
Town of Southold - Letter Board Meeting of April 10, 2007
WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as
properties that should be preserved due to their agricultural value; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS~'the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP)
and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development fights easements; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on these agricultural lands; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase
development rights easements on agricultural lands owned by Robert Rowehl pursuant to
the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70
(Agricultural Lands Preservation) of the Code of the Town of Southold. Said properties are
identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2
(Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located on the
northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running
northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by
means ora fight of way over Parcel A located approximately 3,500 feet easterly from the
intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The
proposed acquisition is for a development fights easement on a part of the property identified as
SCTM #1000-2-6.1 consisting of approximately 24± acres (subject to survey) of the 27± acre
Generated April 11, 2007 Page 80
Town of Southold - Letter Board Meeting of April 10, 2007
parcel, and a development rights easement on the entire adjacent parcel identified as SCTM
#1000-94-4-2 consisting of 5~: acres. The exact area of the development rights easements is
subject to a survey acceptable to the Land Preservation Committee and the property owner. The
purchase price is $78,000 (seventy-eight thousand dollars) for the 24± easement and $448,000
(four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent
parcel, plus acquisition costs. Both easements will be acquired using Community Preservation
Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17
(Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town
Code of the Town of Southold. The 24± acre easement purchase may be eligible for partial
funding from an awarded NYS Agriculture and Markets grant. The proposed action has been
reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the
Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that
this action is consistent with the LWRP.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Albert Krupski Jr.
SECONDER: Louisa P. Evans, Justice
AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr.
Generated April 11, 2007 Page 81
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
To: Town of Southold Town Board
Melissa Spiro, Land Preservation Coordin~
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: March 19, 2007
Re:
Proposed Purchase of Development Rights Easement on the ROWEHL Property
SCTM # P/O SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2
(Parcel B). Zoning District A-C
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. ~
The proposed acquisition is for a developinent rights easement on a part of the property
identified as SCTM # 1000-100-2-6.1 consisting o f approximately 24± acres of the 274- acre
parcel, and a development rights easement on the entire adjacent parcel identified as SCTM
#1000-94-4-2 consisting of 5± acres.
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department, as well as the records available to me, it is my recommendation
that the proposed action is CONSISTENT with the Policy Standards and therefore is
CONSISTENT with the LWRP.
Please contact me at (631) 765-1938 if you have any questions regarding the above
recommendation.
C
L
O
S
I
N
G
S
T
A
T
E
M
E
N
T
CLOSING STATEMENT
ROBERT ROWEHL
to TOWN OF SOUTHOLD
Total Development Rights Easement- 24.108 acres
Premises: 2755 Oregon Road
SCTM #1000-100-2-p/o 6.1
Closing took place on Wednesday, May 9, 2007
at 10:00 a.m., Southold Town Hall Annex
Purchase Price of $1,880,424.00 (based upon 24.108 buildable acres @
$78,000/buildable acre) disbursed as follows:
Payable to Robert Rowehl
(5/9/07)
$ 1,855,137.84
Payable to Twomey, Latham, Shea & Kelley
(5~9~07)
$ 25,286.16
Expenses of Closing:
Appraisals & Updates
Payable to Patick A. Given, SRPA
(3/11/03)
Payable to Given Associates, LLC
(4~26~05)
Payable to Given Associates, LLC
(10/17/06)
$ 1,900.00
$ 1,8OO.OO
$ 600.00
Survey
Payable to Peconic Surveyors, PC
(4/24/07)
$ 5,000.00
Survey Le.qal Description
Payable to Peconic Surveyors, PC
(5/8/07)
$ 250.00
Environmental Report (Phase I ESA)
Payable to Nelson, Pope & Voorhis, LLC
(3~27~07)
$ 1,300.00
Title Report
Payable to Stewart Title Insurance Company
(5/9/07)
Fee insurance $ 7,732.00
Recording easement $ 250.00
Certified easement $ 50.00
$ 8,032.00
Title Closer Attendance Fee
Payable to Patricia Fallon
(5~9~07)
$ 100.00
Those present at Closing:
John Sepenoski
Lisa Clare Kombrink, Esq.
Robert Rowehl
Janice L. Snead, Esq.
Patricia Fallon
Melissa Spiro
Melanie Doroski
Southold Town Deputy Supervisor
Attorney for Town of Southold
Seller
Attorney for Seller
Title Company Closer
Land Preservation Coordinator
Land Preservation Administrative Asst
.GIVEN
PATRICK A. GIVEN, SRPA
box 5305 · 550 route 111 · hauppauge, n.y, 11788-0306
(631) 360-3474
FAX 3(~0-3622
February 5, 2003
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Southold, New York 11971
Property of Robert Rowehl
S.C.T.M. #1000-100-2-6.1
Located North side of Oregon Road
Mattituck, New York 11952
GIVEN
PATRICK A. GIVEN, SRPA
box 5305 · 550 route 111 · hauppauge, n.~ 11788-0306
(631) 360-3474
FAX 360-3622
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road
Mattituck, N.Y. 11971
Property of Robed Rowehl
S.C.T.M. #1000-100-2-6.1
Located North side of Oregon Road, Mattituck, NY
File# 2004263
March 7, 2005
MAR 2 8 2005
I
DEFT OF ~ND
PRESERVATION
$1,800.00
.GIVEN
ASSOCIATES
548 Route 1111 / PO Box 5305
Hauppauge, NY 11788
631-360-3474 Fax 631-360-3622
8ill To
Melissa Spiro
Land Preservation Coordinator
Town of Southold
P,O. Box 1179
Southold, NY 11971
Invoice
Date I Invoice #
10/2/2006 J 127
Description
Appraisal of Real Property of Robert Rowehl Located
(ROW) South of Sound View Avenue
Mattituck, NY
S.C.T.M. 6'1000-94-4-2
Appraisal of Real P,'operty of Robert Rowehl Located
North side of Oregon Road
Mattituck, NY
S.C.T.M. #1000-100-2- p/o 6.1
Terms
Due upon Receipt
File No.
2006236/2006235
Amount
1,900.00
600.00
]PECONiC ~URVEYORS, P.Co
P.O. Box 909
1230 Traveler Street
Southold, N.Y. 11971
(631) 765-5020 · Fax (631) 765-1797
May 5TM, 2007
TOWN OF SOUTHOLD
P.O. Box 1179
Southold NY. 11971
Attention: Melanie
FOR PROFESSIONAL SERV1CES RENDERED=
Reference: Your Client Rowehl
JOB # 07-121
Survey as per quotation
$5,000.00
SUFFOLK COUNTY TAX MAP
1000-100-02-6.1
:
PECONIC ~qURVE¥ORS, P.C.
P.O. Box 909
1230 Traveler Street
Southold, N.Y. 11971
(631) 765-5020 · Fax (631) 765-1797
April 4. 2007
Town of Southold
LAND PRESERVATION
P.O. Box 1179
Southold N.Y. 11971
FOR PROFESSIONAL SERVICES RENDERED:
Atttention: Ms. M. Doroski
Meets & Bounds Description
Re: Rowehl
$250.00
SUFFOLK COUNTY TAX MAP
1000-100-02-6.1
Nelsor , Pope & Voorhis, LLC
572 Walt Whitman Road Phone: 631-427-5665
Melville' ~IY 11747 Fax: 631-427-5620
Invoice
ProperS,: 07045 Project:
Rowehl Property, Mattituck
Manager: McGinn, Steven
VA02328
To:
Town of Southold Dem of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southold NY 11971
Attention: Melissa A Spiro
Invoice #: 4729
Invoice Date: March 14, 2007
MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,300.00
Contract dated January 8, 2007 - Item #1:
Phase I Environmental Site Assessment
Work Performed thru 3/8/07
Contract Amount: $1,300.00
Percent Complete: 100.00%
Fee Earned: $1,300.00
Prior Fee Billings: $0.00
Current Fee Total:
$1,300.00
Total Project Invoice Amount
$1,300. O0
STEWART TITLE INSURA2/CE COMPANy
125 Baylis Road, Suite 201, Melvll/e, New York 11747
631-501-9615 fax 631~50i-9623
FAIR ~£4RKET VALUE RIDER PREMIUM
( ) MORTGAGE(S)_
( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S)
( ) MORTGAGE AI~FIDAVIT(S)
( ) AS s]cw~rgyr(s).
CLOSER CHARGES, IF A2~Y: PICK-UP FEE
OTHER:
PATRICIA L. FALLON A
· Title Clo~er ~ ' .~,lJ~ }
G
R
A
N
T
I
N
F
O
R
M
A
T
I
O
N
Doroski, Melanie
From:
Sent:
To:
Subject:
Cushman, John
Monday, September 17, 2007 8:23 AM
Doroski, Melanie
Tomorrow's payment from NYS Ag & Markets
York SI:ate Compt o o's O¢fice Payment InForrr, a,,,
*** Remittance Information for ACH Trace#
**~ Effective Date of Deposit is September 18, 2007
,~genc>, Ccd~,'lJame:
~otai ~CH Depo~ 71
For additional information about your payment, please call the (elephone number for the agency
listed above,
0705783
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765~6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 1197 !-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
VIA FedEx #
August 23, 2007
David Behm
Program Manager - Agricultural Easements
Division of Agricultural Protection & Development
NYS Department of Agriculture & Markets
1 OB Airline Drive
Albany, NY 12235
Re~
Contract No. FPIG C800646
ROWEHL to TOWN OF SOUTHOLD
SCTM #1000-100-2-6.3 (f/k/a #1000-100-2-p/o 6.1)
Conservation Easement - 24.108 acres
Location: 2755 Oregon Road, Mattituck
Dear Mr. Behm:
Please find enclosed a State of New York - Stand Voucher request for reimbursement in
the amount of $719,464.00 on the Rowehl farm project that was part of FPIG Contract
No. C800646.
Also enclosed, please find the following documentation:
· Closing Statement for the easement acquisition
· Copies of closing checks, invoices, etc. associated with the easement acquisition
(attached to Closing Statement)
· Title Insurance Policy #O-8901-9062 issued by Stewart Title Insurance Company
under title #ST-S-8596, in the insured amount of $1,880,424.00 (copy)
· Certified Copy of Deed of Conservation Easement dated May 9, 2007, between
Robert Rowehl and Town of Southold, as recorded in the Suffolk County Clerk's
Office on 5/23/07, Liber D00012506, Page 556
· Copy of Combined Real Estate Transfer Tax Return (Form TP-584)
· Copy of letter from NYSDEC dated June 21,2007, with assigned identifier for
conservation easement - CE: Suffolk 47~ 7
· Copy of Waiver- Department of Agriculture and Markets executed at time of
closing together with an acknowledgement letter from Robert Somers of NYS
Dept of Ag & Mkts, dated July 10, 2007, regarding filing of said waiver
· Letter to you from Melissa Spiro, Land Preservation Coordinator, dated
August 23, 2007, regarding easement monitoring plans
The Baseline Documentation report being prepared for this project is incomplete at this
time. We will provide you with a copy of this report upon its completion.
I trust you will find this documentation sufficient for processing the Town's request for
reimbursement on this project. If you should require any additional documentation,
please give me a call or contact me at melanie.doroski~town.southold.ny.us.
I would like to thank you for all your help in assisting the Town of Southold in bringing
this matter to its satisfactory conclusion.
'Sincerely,
Melanie Dor(3ski~
Sr. Administrative Assistant
encs.
AC92 (Rev. 1/06)
State
o, STANDARD VOUCHER VoucberNumber
New York
~)Originating Agency (limit to 30 spaces)I Orig. Agency CodeOrig. Agency Code Interest Eligible (Y/N) ~)
~ent Date (MM/DD/YY) OSC Use Only Liability Date (MM/DD/YY)
®Payee ID Additional Zip Code Route Payee Amount MIR Date (MM/DD/YY)
11971-0959
~)~ ~} IRS Code IRS Amount
Town of Southold
Payee Name (limit to 30 spaces) Stat Type Statistic IndicatoroDept. Indicator-Statewide --
~ ®Ref/Inv NO (Limit to 20 spaces)
53095 Route 25
Ref/Inv. Date (MM/DD/YY)
P.O. Box 1179
) (Limit to 2 spaces)--) ~i~
Southold NY 11971-0959
~Purchase
Order NO If items are too numerous to be incorporated into the block below, Quantity Unit Price
and Date use Form AC 93 and carry total forward.
Purchase of Development Rights - Rowehl farm project $719,464
I certify that the above bill is ju st,.t¥~ and correct; that no part thereof has been paid except as stated and that Total
the balance is actually~ng,~ ,,,~due an rog, and that taxes from which the State is exempt are excluded $719,464
Payee's Signature in Ink Title
,~11~ ~ '~ qtlr, lr) Town of Southold
r~ ~'D~te ~"~: Name of Company Net $719,464
FOR AGENCY USE ONLY STATE COMPTROLLER'S PRE-AUDIT
Merchandise Received I certify tha his voucher s correct and jus and payment is approved, and the goods or services
rendered or furnished are for use in the performance of the official functions and duties of this CERTIFIED
agency. Verified FOR PAYMENT OF
Date TOTAL AMOUNT
Authorized Signature in Ink Audited
Page No
Date Title Special Approval By
By (as Required)
Expenditure Liquidation
Cost Cen e
Dept Cost Center Var Yr Object Account Code Amount Orig Agency PO/Contract Line F/P
06
[ ,,
Distribution: Original to OSC with Copy to Agency/Department and Payee
[] Check if Continuation form is attached.
R
E
C
O
R
D
E
D
E
A
S
E
M
E
N
T
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrttment: DEEDS/DDD
Number of Pages: 17
Receipt Number : 07-0049949
TRANSFER TAX NUMBER: 06-34264
District:
1000
A/aount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
100.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$1,880,424.00
Received the Following Fees For Above Instrument
Exempt
Page/Filin~ $51.00 NO Handling
COE $5.00 NO N-~S SRCHG
EA-CTY $5.00 NO EA-STATE
TP-584 $5.00 NO Cert. Copies
RPT $30.00 NO SCTM
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TP~ANSFER TAX NI3MBER:
06-34264
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pascale
County Clerk, Suffolk County
05/23/2007
04:41:14 PM
D00012506
556
Lot:
006.003
Exempt
$5.OO NO
$15.00 NO
$75.00 NO
$11.05 NO
$0.00 NO
$0.00 NO
$202.05
DEP~ OF LAND
Number of pages
TORRENS
Serial #
Certificate #
Prior Cfi. #
Deed Mortgage Instrument
31
F
Deed / Mortgage Tax Stamp
FEES
Recording / Filing Stamps
Page / Filing Fee x~)[ __
Handling
TP-584
,5, O0
5
Notation
EA 5217 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Reg. Copy
Other
,'~___ SubTotal
5. 00
Sub Wot,~ //,.~0'~. ,:9.5'"
__ Grand Total ~
I
4 D strict
Real
Property
Tax Seivicc
Agency
Verification
07015121 iooo ioooo 0200 006003
MAY4)~
Satisfiiction/Discharges/Release List Property Owners Mailing Address
RECORD & RETURN TO:
d~u~. ,ar'/ //77/- 6 ~-q
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec. / Assit.
or
Spec. / Add.
TOT MTG. TAX
DuaI Town Dual County
Held for AppointmEnt --
Transfer Tax
Mansion Tax
The property covered by this motgage is
or will be improved by a one or two
family dwelling only.
YES -- or NO
If NO, see appropriate tax clause on
page #.__ of this instrtlment.
5 Community Preservation Fund
Consideration Amount $ ~, 8 ~)~3,~4'~- ~
t
CPF Tax Due $ /~)"
Enproved __
Vacant Land //
TD
TD
TD
7 [ Title Company Information
Co. Name ~T~-~z).9~- T/T~
l0 _
8 [ Suffolk County Recording & Endorsement Page
This page forms part of the attached
~5~?/5 6 ~ ~.~MS,g~RVl}7~rl/q ~-]~,S&Tt3e~,aT' made by:
(SPECWY T~E OF ~STRU~NT) ~ m
The premisis herein is situated in ~ ~
SUFFOLK COUNTY. NEW YORK.
TO In the To~ship of ~o~h
~ d ~ ~ c~ ~ In the VILLAGE
or ltAMLET of ~ ~c' ~
BOXES 6 TItROUGIt 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY P~OR TO RECORDING OR FILING.
DEED OF CONSERVATZON EASEMENT
THIS CONSERVATION EASEMENT ("Easement") is granted this 9th day
of May, 2007, by ROBERT ROWEHL ("Grantor") having an address at 2755
Oregon Road, Mattituck, New York 11952 to THE TOWN OF SOUTHOLD
("Grantee"), a New York municipal corporation having an office at 53095
Main Road, P.O. Box 1179, Southold, New York 11971.
WHEREAS:
A. Grantor is the owner of certain real property consisting of +27
acres located at 2755 Oregon Road, Mattituck, in the Town of Southold,
Suffolk County, New York, designated as p/o SCTM# 1000-120-2-6.1, of
which 24.108 acres is subject to this Deed of Conservation Easement
(hereinafter, the "Property") and more fully described in EXHTBIT A attached
hereto and shown on a survey dated March 13, 2007, and last revised April
11, 2007 prepared by Peconic Surveyors, P.C.; and
B. Grantee is a municipal corporation and has the authority pursuant
to Section 247 of the General Municipal Law and Article 49, Title 3 of the
New York Environmental Conservation Law (the "ECL") to acquire
conservation easements.
C. The Property consists primarily of productive agricultural land. The
Property contains 24.108 acres of prime soils as defined by the U.S.
Department of Agriculture Natural Resources Conservation Service.
D. Article 14, Section 4 of the New York State Constitution states that
"the policy of this state shall be to conserve and protect its natural resources
and scenic beauty and encourage the development and improvement of its
agricultural lands for the production of food and other agricultural products;"
E. In Section 49-0301 of the ECL, the Legislature of the State of New
York found and declared that "in order to implement the state policy of
conserving, preserving and protecting its environmental assets and natural
and man-made resources, the preservation of open spaces, and the
preservation, development and improvement of agricultural and forest
lands..., is fundamental to the maintenance, enhancement and improvement
of...balanced economic growth and the quality of life in all areas of the
state;"
F. The Property is located within Suffolk County's Agricultural District
#1, created pursuant to Article 25AA of the New York State Agriculture and
Markets Law. In Section 300, it states: "It is hereby found and declared that
many of the agricultural lands in New York State are in jeopardy of being lost
for any agricultural purposes. When nonagricultural development extends
into farm areas, competition for limited resources results...It is therefore the
declared policy of the state to conserve, protect and encourage the
development and improvement of its agricultural land for production of food
and other agricultural products...It is the purpose of this article to provide a
locally-initiated mechanism for the protection and enhancement of New York
State's agricultural land as a viable segment of the local and state economies
and as an economic and environmental resource of major importance;"
G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states
that "It is hereby found and declared that agricultural lands are irreplaceable
state assets. In an effort to maintain the economic viability, and the
environmental and landscape preservation values associated with
agriculture..." the Commissioner is authorized to administer programs to
assist counties in developing agricultural and farmland protection plans and
to assist both county and municipal governments in the implementation of
such plans. The Commissioner gives priority to projects that will preserve
viable agricultural land, are located in areas facing significant development
pressure and serve as a buffer for a significant natural public resource
containing important ecosystem or habitat characteristics;
H. The property is located within the Town of Southold, which has
adopted the Southold Town Farm and Farmland Protection Strategy, dated
January, 2000. The Plan recommends that the Town continue its efforts to
preserve land suitable for farming and ensure that farming remains an
important part of the local economy. The Plan also recommends that the
Town participate in partnership efforts with the Federal, State and County
governments and related grant programs in order to use the Town's limited
financial resources most effectively.
I. Grantor has received independent legal and financial advice
regarding this Easement to the extent that Grantor has deemed necessary.
Grantor freely signs this Easement in order to accomplish its conservation
purposes.
NOW, THEREFORE, in consideration of the foregoing, ONE MILLION-
EIGHT-HUNDRED-EIGHTY THOUSAND-FOUR HUNDRED TWENTY-FOUR Dollars
($1,880,424.00) and the mutual covenants, terms, conditions and restrictions
contained herein, the parties agree as follows;
1. Grant of Conservation Easement
Grantor hereby grants and conveys to Grantee, a Conservation
Easement (the "Easement"), an immediately vested interest in real property
defined by Article 49, Title 3 of the ECL of the nature and character described
herein, for the benefit of the general public, which Easement shall run with
and bind the Property in perpetuity. Grantor will neither perform, nor
knowingly allow others to perform, any act on or affecting the Property that is
inconsistent with the covenants contained herein. Grantor authorizes Grantee
to enforce these covenants in the manner described below.
2. Purpose
It is the primary purpose of this Easement to: a) enable the Property
to remain in agricultural or forestry use for current and future production of
food and fiber, and livestock and livestock products, by protecting in
perpetuity its agricultural and forestry values, use and utility, including its
prime, statewide important and unique agricultural soils; and b) prevent any
use of the Property that would significantly impair or interfere with its long-
term agricultural and forestry viability. It is the secondary purpose of this
Easement to conserve and protect the Property's open space resources, and
their associated unique and special natural features to the extent that such
protection does not conflict with the primary purpose of this Easement.
3. Implementation
This Easement shall be implemented by limiting and restricting the
development and use of the Property in accordance with its provisions. No
use of the property shall occur and no permanent or temporary structures or
other buildings or improvements shall hereafter be constructed, placed or
maintained on the Property, except as specifically provided herein. The
Property remains subject to all applicable local, state and federal laws and
regulations. This easement shall not unreasonably restrict or regulate farm
operations in contravention of the purposes of Article 25-AA of the
Agriculture and iVlarkets Law.
4. Definitions
As used in this Easement, the terms "Grantor" or "owner" include the
original Grantor, its heirs, successors and assigns, all future owners of any
legal or equitable interest in ali or any portion of the Property, and any party
entitled to the possession or use of all or any part thereof; and the term
"Grantee" includes the original Grantee(s) and its[their] successors and
assigns.
The term "Sound Agricultural Practices" is defined as those practices
necessary for on-farm production, preparation and marketing of agricultural
commodities, provided such practices are legal, necessary, do not cause bodily
harm or property damage off the farm, and achieve the intended results in a
reasonable and supportable way. If necessary, to determine if a practice is
"sound," Grantee or Grantor may request the New York State Department of
Agriculture and Harkets to initiate a sound agricultural practice review
pursuant to Section 308 of the New York State Agriculture and Markets Law,
or any successor statute.
The term "Farm Labor Housing" means structures used to house
seasonal and/or full-time employees where such residences are provided by
the farm landowner and/or operator, the worker is an essential employee of
the farm landowner and/or operator employed in the operation of the farm
and the farm worker is not a partner or owner of the farm operation. For
instance, a mobile or manufactured home used as the primary residence of a
farm owner is not farm labor housing.
5. Reserved Rights Retained by Grantor
Notwithstanding any provisions of this Easement to the contrary,
Grantor reserves all customary rights and privileges of ownership, including
the right of exclusive use, possession and enjoyment of the Property, the
rights to sell, lease, and devise the Property, as well as any other rights
consistent with the Purpose set forth in Section 2 and not specifically
prohibited or limited by this Easement. Unless otherwise specified below,
nothing in this Easement shall require Grantor to take any action to restore
the condition of the Property after any Act of God. Nothing in this Easement
relieves Grantor of any obligation with respect to the Property or restriction on
the use of the Property imposed by law.
6, Access
Nothing contained in this Easement shall give or grant to the public a
right to enter upon or to use the Property or any portion thereof where no
such right existed in the public immediately prior to the execution of this
Easement.
7. Right to Use Property for Rural and Agricultural Uses
Grantor has the right to produce crops, livestock and livestock
products and conduct farm operations as defined under Section 301 of the
New York State Agriculture and Markets Law ("Agriculture and Markets
Law"), or such successor law as is later promulgated, which includes but is
not limited to the right to establish, reestablish, maintain, and use cultivated
fields, orchards, pastures and woodlands. Said farming practices shall be
carried out in accordance with Sound Agricultural Practices as defined herein.
in addition, Grantor has the right to distribute farm products, subject to the
limitations set forth in this Easement, including Section 10 ("Construction of
Buildings and Other Improvements").
8. Right to Use the Property for Recreational Purposes
Grantor retains the right to use the Property for otherwise lawful
recreational uses, including, but not limited to, hunting, fishing, cross-
country skiing and snowmobiling, subject to the limitations set forth in this
Easement, including Section 10 ("Construction of Buildings and Other
Improvements').
9. Maintenance
Should the property cease to be used for agricultural purposes for
more than three (3) years, the agricultural fields containing prime, statewide
important and unique soils will be mowed at least triennially or otherwise
maintained in a condition which will prevent growth of woody vegetation that
would interfere with future agricultural use or which might result in
interference with drainage systems, or in reversion of significant portions of
the Property to regulated weUand status. Similarly, during prolonged
periods of disuse for agricultural purposes, artificial and natural drainage
systems must be maintained in a functional state by the Grantor. If Grantor
does not comply with this provision, Grantee shall have the right, but not the
obligation, to mow such fields, at Grantee's sole expense, if it so chooses.
10. Construction of Buildings and Other Improvements
Grantor may undertake construction, erection, installation, removal or
placement of buildings, structures, or other improvement to the Property
only as provided in this Easement and set forth below.
:LO(a) Fences -- Existing fences may be repaired, removed and replaced,
and new fences may be built on the Property for purposes of reasonable and
customary management of livestock and wildlife and to prevent trespassing on
the Property.
10(b) New Agricultural Structures and .~mprovements - Without
permission of Grantee, Grantor may construct new buildings, structures and
impervious improvements including asphalt and concrete roads and parking
areas on up to 5% of the Property to be used primarily for purposes related
to a "Farm Operation," as defined in New York State Agriculture and Markets
Law § 301 or any successor statute and for such other agricultural purposes
as (i) the production, storage or sale of farm products or by-products
produced on-site, (ii) the storage of equipment used for agricultural
4
production, (iii) the keeping of livestock or other animals and (iv) farm labor
housing.
Such new buildings, structures and impervious improvements shall not
include those used for the processing and packaging of farm products. Such
coverage limitations do not apply to permeable surfaces such as gravel roads
and parking areas, structures that protect soil and water resources, such as
manure storage areas, and structures and improvements lacking permanent
foundations where the land underneath is not covered by impervious surfaces.
Permission is required by Grantee for the construction of such buildings,
structures and improvements that would cover up to an additional 5% of the
Property.
10(c) New Farm Labor Housing - Without permission of Grantee,
Grantor has the right to construct new dwellings or structures for Farm Labor
Housing as defined in Paragraph 4, together with new agricultural structures
and improvements permitted in Section 10(b) above, on up to 5% of the
Property. The land on which these structures stand shall not be subdivided.
10(d) New Recreational Structures and Zmprovements - Any one or more
new recreational improvements proposed for the Property that exceed an
aggregate footprint of 400 square feet may be located only with the advance
written permission of Grantee. Under no circumstances shall athletic fields, golf
courses or ranges, commercial airstrips, commercial helicopter pads or any
other similar recreational improvements that interfere with the Purpose of this
Easement, significantly disturb the farm soils, or otherwise adversely affect
agricultural and forestry uses on a continuing basis be allowed on the Property.
10(e) Utility Services and Septic Systems -- Wires, lines, pipes, cables
or other facilities providing electrical, gas, water, sewer, communications, or
other utility services to the improvements permitted in this Easement may
be installed, maintained, repaired, removed, relocated and replaced, and
Grantor may grant easements over and under the Property for such
purposes. Septic or other underground sanitary systems serving the
improvements permitted herein may be installed, maintained, repaired or
improved. Services are limited to structures permitted on the Property
pursuant to Section 18 ("Permission").
10(f) Ancillary Improvements- Other improvements, including, but
not limited to facilities for the generation and transmission of electrical
power for agricultural production uses on the Property, such as windmills and
detached solar arrays may be built only with the permission of Grantee,
pursuant to Section 18 ("Permission").
11. Maintenance and Improvement of Water Sources
Grantor maintains the right to use, maintain, establish, construct, and
improve water sources, water courses and water bodies within the Property
for the uses permitted by this Easement, provided that Grantor does not
significantly impair or disturb the natural course of the surface water drainage
or runoff flowing over the Property. Grantor may alter the natural flow of
water over the Property in order to improve drainage of agricultural soils,
reduce soil erosion, provide irrigation for the Property or improve the
agricultural or forest management potential of the Property, provided such
alteration is consistent with Sound Agricultural Practices, the Purpose of this
Easement and is carried out in accordance with applicable State and federal
laws and regulations.
12. Water Rights
Grantor retains and reserves the right to use any appurtenant water
rights sufficient to maintain the agricultural productivity of the Property.
Grantor shall not transfer, encumber, lease, sell or otherwise sever such water
rights from title to the Property itself.
13. Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law, except as
provided herein. "Subdivision" shall be limited to the division of the portion
of the Property from which the development rights are acquired into no more
than two farming parcels, each of which must be at least ten (10) acres in
size. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law.
14. Forest Management
Without prior written permission from Grantee, Grantor may clear
forested areas for conversion to farmland, may harvest wood for on-farm use
including heating or construction of buildings and improvements, and may
remove trees that are fallen, dead, diseased or dangerous, so long as it is
consistent with Sound Agricultural Practices.
Without prior written permission from Grantee, Grantor may commercially
harvest timber and other wood products and construct, maintain, remove, and
repair unpaved access roads and "staging areas" (those areas where logs are
temporarily stored for transport) necessary for such activities, in accordance
with generally-accepted forest best management practices (as outlined in a
forest management and harvest plan) that shall not result in significant
degradation of soil and water resources. Such commercial timber cutting shall
be carried out only in accordance with a forest management plan and harvest
plan prepared by a forester who is certified by the Society of American
Foresters or such successor organization as is later created, or a Cooperating
Consulting Forester with the New York State Department of Environmental
Conservation.
]n order to facilitate the monitoring and stewardship of this Conservation
Easement, to ensure continuing communication between parties, Grantor shall
give Grantee, its successors or assigns, written notice thereof not less than
forty-five (45) days prior to the anticipated commencement of any commercial
timber harvest. Such written notice shall include submission of the current
forest management plan and harvest plan.
15. Excavation and Removal of Materials; Mining
The excavating of the Property, shall be generally prohibited, except as
may be necessary to construct and maintain permitted structures and
improvements on the Property, or in connection with necessary drainage and
soil conservation programs, and any such excepted excavation activity may
proceed without the prior written consent of Grantee. Mineral exploitation,
and extraction by any method, surface or subsurface, is prohibited. The
removal of topsoil, sand, or other materials shall not take place, nor shall the
topography of the Property be changed except to construct and maintain the
permitted structures and improvements on the Property and for farm
operations, erosion control and soil management, without the prior written
consent of Grantee.
16. Road Construction
Grantor may construct roads for barnyards, farm roads, or other
improvements necessary to provide access to, and parking for, permitted
buildings or improvements, or to conduct other activities permitted by this
Easement, provided to the greatest extent practicable, impact to the prime,
statewide important and unique soils is minimized. No other portion of the
Property shall be paved or otherwise covered with concrete, asphalt, or any
other impervious paving material.
17. Dumping and Trash
The dumping, land filling, burial, application, injection, or accumulation
of any kind of garbage, trash or debris on the Property is prohibited, other
than agriculturally-related waste or biodegradable material in accordance
with Sound Agricultural Practices and any applicable State or federal law or
regulation. However, this shall not prevent the storage of agricultural
products and byproducts, the storage of old farm equipment used for parts,
temporary storage of trash or household waste in receptacles for periodic
off-site disposal, and composting or re-use of biodegradable materials as
permitted in Section 7 ("Right to Use Property for Agricultural Uses"),
generated off the Property for use on the Property or commercial use so long
as they are used and stored in accordance with Sound Agricultural Practices.
Notwithstanding the foregoing, the storage and treatment of sewage
associated with buildings permitted on the Property, is permitted by this
Easement.
18. Permission of Grantee
Where Grantor is required to obtain Grantee's permission for a
proposed action hereunder, said permission shall be requested in writing.
Grantee shall grant permission unless it determines that such action would 1)
violate the Purpose of this Easement, 2) impair the potential for long-term
agricultural viability associated with the Property, or 3) unnecessarily impede
the use of Property's prime, statewide important or unique soils. Grantee
shall respond in writing within forty-five (45) days of receipt of the Grantor's
written request, which request shall include building plans identifying the use,
footprint and total square footage of any proposed structures, and related
survey information, if available. Grantee shall not be liable for damages for
any failure to grant permission to Grantor.
19. Ongoing Responsibilities of Grantor and Grantee
Other than as specified herein, this Easement is not intended to impose
any legal or other responsibility on Grantee, or in any way to affect any
obligations of Grantor as owner of the Property, including, but not limited to,
the following:
:L9(a) Taxes -- Grantor shall be solely responsible for payment of all
taxes and assessments levied against the Property. If the Grantor becomes
delinquent in payment of taxes the Grantee, at its option, shall have the
right to take such actions as may be necessary to protect the Grantee's
interest in the Property and to assure the continued enforceability of this
instrument and to recover all of its costs including reasonable attorney's
fees. If, as a result of such actions, Grantee ever pays any taxes or
assessments on Grantors interest in the Property, Grantor will promptly
reimburse Grantee for the same.
19(b) Upkeep and Maintenance -- Grantor shall be solely responsible for
the upkeep and maintenance of the Property, to the extent required by law
and this Easement. Grantee shall have no obligation for the upkeep or
maintenance of the Property.
19(c) Liability and Zndemnification - Grantor agrees to indemnify and
hold Grantee and the State of New York, Department of Agriculture and
Markets harmless from any and all costs, claims or liability, including but not
limited to reasonable attorneys fees arising from any personal injury,
accidents, negligence or damage relating to the Property, or any claim
thereof, unless due to the negligence of Grantee or its agents, in which case
liability shall be apportioned accordingly.
20. Extinguishment of Development Rights
Except as otherwise reserved to the Grantor in this Easement, all
development rights appurtenant to the Property are hereby released,
terminated and extinguished, and may not be used on or transferred to any
portion of the Property as it now or hereafter may be bounded or described, or
to any other property adjacent or otherwise, or used for the purpose of
calculating permissible lot yield of the Property or any other property.
21. Baseline Documentation
By its execution of this Easement, Grantee acknowledges that the
present uses of the Property are permitted by this Easement. In order to
evidence the present condition of the Property (including both natural and
man-made features) so as to facilitate future monitoring and enforcement of
this Easement, a Baseline Documentation Report, including maps, describing
such condition at the date hereof, has been prepared and a copy will be kept
on file with Grantee. The Report may be used by Grantee to establish that a
change in the use or character of the Property has occurred, but its existence
shall not preclude the use by Grantee of other evidence to establish the
condition of the Property as of the date of this Easement.
22. Right of Znspection
Grantee shall have the right to enter upon the Property upon forty-eight
(48) hours advance notice to Grantor for the purpose of inspecting for
compliance with the terms of this Easement, Such inspection shall be
conducted between the hours of 9 a.m, and 7 p.m. on a weekday that is not
a legal holiday recognized by the State of New York or at a date and time
agreeable to the Grantee and Grantor. In the instance of a violation or
suspected violation of the terms of this Easement which has caused or
threatens to cause irreparable harm to any of the agricultural or other
resources this Easement is designed to protect, no such advance notice is
required. Representatives of the New York State Department of Agriculture
and Markets shall have the same right of inspection.
23. Enforcement
If Grantee determines that a violation of this Easement has occurred,
Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the
violation. Notwithstanding the foregoing, where Grantee in Grantee's sole
discretion determines that an ongoing or threatened violation could
irreversibly diminish or impair the Purpose of this Easement, Grantee may
bring an action to enjoin the violation, ex parle if necessary, through
temporary or permanent injunction.
In addition to injunctive relief, Grantee shall be entitled to seek the
following remedies in the event of a violation:
(a) money damages, including damages for the loss of the resources
protected under the Purpose of this Easement; and
(b) restoration of the Property to its condition existing prior to such
violation.
Said remedies shall be cumulative and shall be in addition to all
remedies now or hereafter existing at law or in equity. In any case where a
court finds that a violation has occurred, Grantor shall reimburse Grantee for
all its expenses incurred in stopping and correcting the violation, including,
but not limited to, reasonable attorneys' fees. The failure of Grantee to
discover a violation or to take immediate legal action shall not bar Grantee
from doing so at a later time. In any case where a court finds no violation
has occurred, each party shall bear its own costs.
24. Transfer of Easement
Grantee shall have the right to transfer this Easement to any private,
non-governmental organization or public agency that, at the time of transfer is
a "qualified organization" under Section 170(h) of the internal Revenue Code,
provided that transferee expressly agrees to assume the responsibility
imposed on Grantee by this Easement. If Grantee ever ceases to exist or
qualify under Section 170(h) of the Internal Revenue Code, or applicable state
law, a court of competent jurisdiction shall transfer this Easement to another
qualified organization having similar purposes that agrees to assume the
responsibilities imposed by this Easement. Grantor and the New York State
Department of Agriculture and IVlarkets will be notified in writing in advance of
such transfer.
25. Transfer of Property
Any subsequent conveyance, including, without limitation, transfer,
lease or mortgage of the Property, shall be subject to this Easement, and
any deed or other instrument evidencing or effecting such conveyance shall
contain language substantially as follows: "This {conveyance, lease,
mortgage, easement, etc.} is subject to a Conservation Easement which
runs with the land and which was granted to the Town of Southold by
instrument dated , and recorded in the office of the Clerk of
Suffolk County at Liber at Page "Grantor shall notify
Grantee in writing at least thirty (30) days before conveying the Property, or
any part thereof or interest therein, to any third party. The failure to notify
Grantee or to include said language in any deed or instrument shall not,
however, affect the validity or applicability of this Easement to the Property
or limit its enforceability in any way.
26. Amendment of Easement
This Easement may be amended only with the written consent of
Grantee and current Grantor and with the approval of the New York State
Department of Agriculture and Markets. Any such amendment shall be
consistent with the Purpose of this Easement and shall comply with the
Conservation Law or any regulations promulgated thereunder and shall not
unreasonably restrict or regulate farm operations in contravention of the
purposes of Article 25-AA of the Agriculture and Markets Law. Any such
amendment shall be duly recorded.
27. Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 70, of the Town Code of the
Town of Southold, or any successor chapter, following a public hearing and,
thereafter, ratified by a mandatory referendum by the electors of the Town
of Southold. No subsequent amendment of the provisions of the Town Code
shall alter the limitations placed upon the alienation of this property rights or
interests which were acquired by the Town prior to any such amendment.
28. Extinguishment of Easement
At the mutual request of Grantor, Grantee and New York State
Department of Agriculture and Markets, a court with jurisdiction may, if it
determines that conditions surrounding the Property have changed so much
that it becomes impossible to fulfill the Purpose of this Easement described in
Section 2 ("Purpose") herein, extinguish or modify this Easement in
accordance with applicable law. I'n that case, the mere cessation of farming
on the Property shall not be construed to be grounds for extinguishment of
this Easement.
Notwithstanding the foregoing, if condemnation by exercise of the power
of eminent domain make impossible the continued use of the Property for
Purpose of this Easement as described in Section 2 ("Purpose") herein, the
restrictions may be extinguished by judicial proceeding. In either case, upon
any subsequent sale, exchange or involuntary conversion by the Grantor,
Grantee shall be entitled to a portion of the proceeds from any subsequent sale
or other disposition of the Property, or title insurance proceeds, in accordance
with Section 28 ("Proceeds") herein.
29. Proceeds
The grant of this Easement gives rise to a property right, immediately
vested in Grantee, which, for purposes of calculating proceeds from a sale or
other disposition of the Property as contemplated under Section 27
("Extinguishment of Easement"), shall have a value equal to a percentage of
the value of the Property unencumbered by this Easement (the "Proportionate
Share"). The Proportionate Share is determined by dividing the appraised
value of this Easement, calculated as of the date of the appraisal, by the
unencumbered value of the Property, calculated as of the date of an appraisal
obtained by Grantee prior to execution of this easement. The Proportionate
Share is 74%. The Proportionate Share shall remain constant (subject to
reasonable adjustment to the extent permissible under Section 170(h) of the
Internal Revenue Code for any improvements which may hereafter be made
on the Property).
With regard to the portion of such Proportionate Share equal to the
~ercentage of the purchase price of this Easement that was paid using State
Farmland Protection Program Grant funds, Grantee agrees to use such portion
in a manner consistent with the Purpose of this Easement. Prior to such re-
use, Grantee must notify the New York State Department of Agriculture and
Markets.
30. :~nterpretation
This Easement shall be interpreted under the laws of the State of New
York, or federal law, as appropriate. Any general rule of construction to the
contrary notwithstanding, this Easement shall be liberally construed to effect
the Purpose of this Easement. If any provision in this Easement is found to be
ambiguous, an interpretation consistent with the Purpose of this Easement
that would render the provision valid shall be favored over any interpretation
that would render it invalid.
31. Successors
Every provision of this Easement that applies to Grantor or Grantee shall
also apply to their respective agents, heirs, executors, administrators, assigns,
and other successors in interest, and shall continue as a servitude running in
perpetuity with the Property.
32. Severability
Tnvalidity of any of the covenants, terms or conditions of this Easement,
or any part thereof, by court order or judgment shall in no way affect the
validity of any of the other provisions hereof which shall remain in full force
and effect.
33. Notices
Any notice required or desired to be given under this Easement shall
be in writing and shall be sent by (i) personal delivery, (ii) via registered or
certified mail, return receipt requested, or (iii) via Federal Express or other
private courier of national reputation providing written evidence of delivery.
Notice shall be deemed given upon receipt in the case of personal delivery,
and upon delivery by the U.S. Postal Service or private courier. All notices
shall be properly addressed as follows: (a) if to Grantee, at the address set
forth above; (b) if to Grantor, at the address set forth above; (c) if to any
subsequent owner, at the address of the Property;(d) if to New York State
Department of Agriculture and Markets, 10B Airline Drive, Albany, New York
:~2235. Any party can change the address to which notices are to be sent to
him, her or it by duly giving notice pursuant to this Section.
34. Title
The Grantor covenants and represents that the Grantor is the sole
owner and is seized of the Property in fee simple and has good right to grant
and convey the aforesaid Easement; that the Property is free and clear of
any and all mortgages not subordinated to this Easement, and that the
Grantee shall have the use of and enjoyment of the benefits derived from
and existing out of the aforesaid Easement.
35. Subsequent Liens on Property
No provisions of this Easement should be construed as impairing the
ability of Grantor to use this Property, or a portion thereof encompassing
entire separately deeded parcels, as collateral for a subsequent borrowing.
36. Subsequent Encumbrances
The grant of any easements or use restrictions is prohibited, except with
the permission of Grantee.
37. Grantor's Environmental Warranty
Nothing in this Easement shall be construed as giving rise to any right or
ability in Grantee, or the New York State Department of Agriculture and
Markets to exercise physical or management control over the day-to-day
operations of the Property, or any of Grantor's activities on the Property, or
otherwise to become an operator or an arranger with respect to the Property
within the meaning of The Comprehensive Environmental Response,
Compensation, and Liability Act of :t980, as amended ("CERCLA') or any
corresponding state and local statute or ordinance.
Grantor warrants that it has no actual knowledge of a release or
threatened release of hazardous substances or wastes on the Proper[y, as
such substances and wastes are defined by applicable law, and hereby
promises to indemnify Grantee, and New York State Department of Agriculture
and Markets against, and hold Grantee and New York State Department of
Agriculture and Markets harmless from, any and all loss, cost, claim (without
regard to its merit), liability or expense (including reasonable attorneys' fees)
arising from or with respect to any release of hazardous waste or violation of
environmental laws.
If at any time after the effective date of this Easement there occurs a
release in, on, or about the property of any substance now or hereafter
defined, listed, or otherwise classified pursuant to any federal, state, or local
law, regulation, or requirement as hazardous, toxic, polluting, or otherwise
contaminating to the air, water, or soil, or in any way harmful or threatening
to human health or the environment, Grantor agrees to take all steps that
may be required under federal, state, or local law necessary to assure its
containment and remediation, including any cleanup,
38. Duration of Easement
Except as expressly otherwise provided herein, this Easement shall be of
perpetual duration, and no merger of title, estate or interest shall be deemed
effected by any previous, contemporaneous, or subsequent deed, grant, or
assignment of an interest or estate in the Property, or any portion thereof, to
Grantee, it being the express intent of the parties that this Easement not be
extinguished by, or merged into, any other interest or estate in the Property
now or hereafter held by Grantee.
39. Entire Agreement
This instrument sets forth the entire agreement of the parties with
respect to the Easement and supersedes all prior discussions, negotiations,
understandings and agreements relating to the Easement, all of which are
merged herein. No alteration or variation of this instrument shall be valid or
binding unless contained in an amendment that complies with Section 25
("Amendment").
40. Waiver
No waiver by Grantee of any default, or breach hereunder, whether
intentional or not, shall be deemed to extend to any prior or subsequent
default or breach hereunder or affect in any way any rights arising by virtue of
any prior or subsequent such occurrence. No waiver shall be binding unless
executed in writing by Grantee.
4:t. Binding Effect
The provisions of this Easement shall run with the Property in perpetuity
and shall bind and be enforceable against the Grantor and all future owners and
any party entitled to possess or use the Property or any portion thereof while
such party is the owner or entitled to possession or use thereof.
Notwithstanding the foregoing, upon any transfer of title, the transferor shall,
with respect to the Property transferred cease being a Grantor or owner with
respect to such Property for purposes of this Easement and shall, with respect
to the Property transferred, have no further responsibility, rights or liability
hereunder for acts done or conditions arising thereafter on or with respect to
such Property, but the transferor shall remain liable for earlier acts and
conditions done or occurring during the period of his or her ownership or
conduct.
42. Captions
The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall
have no effect upon construction or interpretation.
TN WITNESS WHEREOF, Grantor and Grantee, intending to be legally
bound hereby, have hereunto set their hands on the date first above written.
Grantor:
ROBERT ROWEHL
Grantee: TOWN OF $OUTHOLD
State of New York )
County of Suffolk ), ss:
On the 9th day of May, in the year 2007, before me, the undersigned,
personally appeared ROBERT ROWEHL, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual (s) whose name
(s) is (are) subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their capacity (les), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person
State of New York )
County of Suffolk ), ss:
upon behalf of which the individual(s) acted, executed the instrument.
Signature/office of individual taking acknowledgement
PATRICIA L. FALLON
Notary Public Stat3 Of New Yorl~
No. 01FA4950 46
Qualified In Suffolk Cour~ty
Commission Expires Ap~it 24,
On the 9th day of May, in the year 2007, before me, the undersigned,
personally appeared .1OHN P. SEPENOSK[, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual (s)
whose name (s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity (ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
Signature/office of individual taking acknowledgement
PATRIC~A L. FALLON
Notary Publlc, Stat*. Of New
No. 01FA4950~ 46
Quali[ied n Suffolk County
Commission Expires Apr 24,
Stewart Title Insurance Company
Title No: ST-S-8596
Schedule A Description
(AMENDED 4/23/07)
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town
of Southold, County of Suffolk and State of New York, being part of Lot 3 as shown on a certain
map entitled, "Minor Subdivision for Robert G. Rowehl filed in the Suffolk County Clerk's
Office on November 23rd, 1998 as Map No. 10209 more particularly bounded and described as
follows:
BEGINNING at a point on the Northerly line of Oregon Road (North Road) at the
intersection formed by the Northerly line of Oregon Road with the Easterly line of Lot 3 as
shown on the aforesaid filed map, said point and place of begi~ming being North 53 degrees 08
minutes 10 seconds West a distance of 56.81 feet from the intersection formed by the Easterly
line of Elijah's with the Southerly line of Oregon Road;
RUNNING THENCE from said point and place of beginning along the Northerly line
of Oregon Road (North Road) South 59 degrees 44 minutes 00 seconds West a distance of 50.16
feet to a point and the reserved parcel;
THENCE North 25 degrees 40 minutes 00 seconds West a distance of 283.67 feet to a
point;
THENCE South 65 degrees 42 minutes 00 seconds West a distance of 442.17 feet to a
point and lands now or formerly of Russell Weiss and The County of Suftblk;
THENCE North 24 degrees 23 minutes 40 seconds West along lands now or formerly of
Russell Weiss and Suffolk County and lands of others a distance of 2995.81 feet to a monument;
THENCE North 24 degrees 33 minutes 00 seconds West a distance of 183.63 feet to a
monument and the Southerly line of Sound View Avenue;
THENCE along the Southerly line of Sound View Avenue North 57 degrees 05 minutes
30 seconds East a distance of 72.13 feet to a point and the beginning ora curve having a radius of
25.00 feet;
THENCE along said curve having a radius of 25.00 feet in a Westerly and a Southerly
direction a distance of 35.62 feet to a point and the Westerly line of Lot 1 as shown on the
aforesaid filed map;
THENCE South 24 degrees 33 minutes 00 seconds East along the Westerly line of Lot 1
a distance of 169.45 feet to a point;
THENCE South 24 degrees 23 minutes 40 seconds East a distance of 903.77 feet to a
point;
THENCE North 65 degrees 36 minutes 20 seconds East along the Southerly line of Lot
2 as shown on the aforesaid filed a distance of 396.91 feet to a point and lands now or formerly
of Randy Scott Shur;
THENCE South 25 degrees 27 minutes 00 seconds East a distance of 323.77 feet to a
monument;
THENCE continuing along now or formerly of Randy Scott Shur and land of Allan
Arrieta and another, South 25 degrees 40 minutes 00 seconds East a distance of 2048.10 feet to
the point or place of BEGINNING.
TOGETHER with all right, title and interest of the party of the first part, in and to the land lying
in the street in front of and adjoining said premises.
T
I
T
L
E
P
0
L
I
C
Y
ALTA Owner's Policy (6-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the insured be reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii)a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney
(vi) a document not propedy filed, recorded, or indexed in the Public Records including failure to perform lhose acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title,
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulatin9, prohibiting, or relating to
(a) the occupancy, use, or enjoyment or the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any pad of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that
notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8, Any taking by a 9overnmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
Countersigned by:
5~e~,,a~ ~ Title lnsUrqju~
Authorize , ' a e
~ ~yllS Roan Surge
~E~elv~lie P~'e v }~rk 11747
Company ~Oif~i ~'~
Policy
se,,a,.o 0-890 009062
If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800433-0014. If you make a claim under your
policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at http://www.stewartnewvork,com
File No.:
$CI~DULE A
HIeNo.: ST-S~)6 PolicyNo.: 04901-906'2
Amount of*lnsur~: S1~03~4,~ Pr~ium:
Date of Poli~
1. Name oflnsu~d:
2. The e~te or interc~ In the land that il eaeumbe~ by ~e Insu~ Mo~ge
~. Title Is vest~ ~:
To~ of ~old, who a~u k~ ~elo~t ~gh~ ~ vitae of a de~ ~m Ro~ Ro~, by de~
dat~ 5~007 and to ~ ~o~d in the S~o~ ~ Cl~k's~t~'s Offic~
4. The Land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof,
ALTA OWNER'S POLICY (6/17/06)
File No.: ST-S-8596
SCHEDULE A DESCRIPTION
Policy No.: O-8901-9062
(AMENDED 4/23/07)
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold,
County of Suffolk and State of New York, being part of Lot 3 as shown on a certain map entitled, "Minor
Subdivision for Robert G. Rowehl filed in the Suffolk County Clerk's Office on November 23rd, 1998 as Map
No. 10209 more particularly bounded and described as follows:
BEGINNING at a point on the Northerly line of Oregon Road (North Road) at the intersection formed
by the Northerly line of Oregon Road with the Easterly line of Lot 3 as shown on the aforesaid filed map, said
point and place of beginning being North 53 degrees 08 minutes 10 seconds West a distance of 56.81 feet from
the intersection formed by the Easterly line of Elijah's with the Southerly line of Oregon Road;
RUNNING THENCE from said point and place of beginning along the Northerly line of Oregon Road
(North Road) South 59 degrees 44 minutes 00 seconds West a distance of 50.16 feet to a point and the reserved
parcel;
THENCE North 25 degrees 40 minutes 00 seconds West a distance of 283.67 feet to a point;
THENCE South 65 degrees 42 minutes 00 seconds West a distance of442.17 feet to a point and lands
now or formerly of Russell Weiss and The County of Suffolk;
THENCE North 24 degrees 23 minutes 40 seconds West along lands now or formerly of Russell Weiss
and Suffolk County and lands of others a distance of 2995.81 feet to a monument;
THENCE North 24 degrees 33 minutes 00 seconds West a distaoce of 183.63 feet to a monument and
the Southerly line of Sound View Avenue;
THENCE along the Southerly line of Sound View Avenue North 57 degrees 05 minutes 30 seconds
East a distance of 72.13 feet to a point and the beginning ora curve having a radius of 25.00 feet;
THENCE along said curve having a radius of 25.00 feet in a Westerly and a Southerly direction a
distance of 35.62 feet to a point and the Westerly line of Lot 1 as shown on the aforesaid filed map;
THENCE South 24 degrees 33 minutes 00 seconds East along the Westerly line of Lot I a distance of
169.45 feet to a point;
THENCE South 24 degrees 23 minutes 40 seconds East a distance of 903.77 feet to a point;
THENCE North 65 degrees 36 minutes 20 seconds East along the Southerly line of Lot 2 as shown on
the aforesaid filed a distance of 396.91 feet to a point and lands now or formerly of Randy Scott Shur;
TI-IENCE South 25 deg.'es 27 minutes 00 seconds East a di~mce of 323,77 feet to a monument;
TI-IENCE continuing along now ot formerly of Parody Scott Sh~r and land of Allan Auie~a and
another, South 25 degrees 40 roinutes 00 seconds East a distance o£2045.10 feet to/he point or plaee of
BEGINNING.
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE B
PART I
File No.: ST-S-8596
Policy No.: O-8901~906~
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of:
1. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed
by the Grantor and the Town of Southold.
2. Survey by Peconic Land Surveyors PC dated March 13th, 2007 and last dated April 11, 2007 shows
premises as vacant land. No variations or encroachments.
3. P°licy excepts unpaid water, sewer and/or street frontage charges to date, if any.
4. Policy excepts the lien of restored taxes, plus interest and penalties, if any.
5. Declaration of Covenants and Restrictions recorded in Liber 11891 Page 457 - copy herein.
6. Boundary Line Agreement recorded in Liber 6712 Page 168 - copy herein.
7. Right of Way and area to provide common driveway for lots 1 and 2 as shown on filed map copy
herein.
8. No vehicular access as shown on filed map (affects Northerly part of Lot 1)
COVERED RISKS (Continued)
Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in pad, or from a coud order
(b)
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a
providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor.
title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included
vesting Title as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has
constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy
bankruptcy, state insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or other instrument of transfer in the
because the instrument or transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A.
Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, attorneys' fees, and expenses incurred in
bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent
reason of the failure of its recording in the Public Records provided in the Conditions
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,
and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effecl of any violation of these laws, ordinances, or governmental
regulations. This Exclusion l(a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power. This Exclusion l(b) does not
modify or limit the coverage provided under Covered Risk 6
2.
2. Rights of eminent domain This Exclusion does not modify or limit the 5
coverage provided under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at
Date of Policy, but Known to the insured Claimant and not disclosed
in writing to the Company by the Insured Claimant prior to the date
the insured Claimant became an Insured under this policy;
(c} resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this
does not modify or limit the coverage provided under Covered Risk 9
and 10); or
(e) resulting in loss or damage that would not have been sustained if the
insured Claimant had paid value for the Title.
Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction vesting the
Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of
this policy
Any lien on the Title for real estate taxes or assessments imposed by
governmental authority and created or attaching between Date of Policy
and the date of recording of the deed or other instrument of transfer in the
Public Records that vests Title as shown in Schedule A
CONDITIONS
DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) 'Amount of Insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11
of these Conditions,
(b) 'Date of Policy": The date designated as "Date of Policy" in
Schedule A.
{c) 'Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) ~lnsured": The Insured named in Schedule A
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next
of kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered
without payment of actual valuable consideration
conveyin9 the Title
(1) if the stock, shares, memberships, or other equity
interests of the 9rantee are wholly-owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly owned
by the same person or Entity, or
(4) if the 9rantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes,
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured
(e) "Insured Claimant": An Insured claimieg loss or damage
(f) "Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title
(g) "Land": The land described in Schedule A, and affixed
improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the
area described in Schedule A, nor any right, title, interest,
estate, or easement in abutting streets, roads, avenues, alleys,
lanes, ways, or waterways, but this does not modify or limit the
extent that a right of access to and from the Land is insured by
this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of impading constructive notice of
matters relatin9 to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States District Coud for
the district where the Land is located.
(j) ~Title": The estate or interest described in Schedule A.
(k) "Unmarketable Tibe": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the obligation
to purchase, lease, or fend if there is a contractual condition
requiring the delivery of marketable title,
IJ Page2 Serial No.:
File No.:
CONDITIONS (Continued)
CONTINUATION OF INSURANCE
The coverage of this policy sharl continue in force as of Date of Policy
in favor of an Insured, but only so long as the Insured retains an
estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the insured, or
only so long as the Insured shall have liability by reason of warranties
in any transfer or conveyance of the Title. This poricy shall no(
continue in force in favor of any purchaser from the Insured of either
(il an estate or interest in the Land, or (ii) an obligation secured by a
purchase money Mortgage given ~o the Insured,
NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (b)
The Insured shall notify the Company promptly in writing (il in case of
any litigation as set fodh in Section 5(al of these Conditions, (ii) in
case Knowledge shall come to an Insured hereunder of any claim of
title or interest that is adverse to the Title~ as insured, and that might
cause loss or damage for which the Company may be liable by virtue
of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. if the Company is prejudiced by the failure of the
Insured Claimant to provide prompt notice, the Company's liability to
the Insured Claimant under the policy shall be reduced to the extent
of the prejudice.
PROOF OF LOSS
in the event the Company is unable to determine the amount of loss
or damage, the Company may, at gs option, require as a condition of
payment that the Insured Claimant furnish a signed proof of loss. The
proof of loss must describe the defect, lien, encumbrance, or other
matter insured agains~ by this policy that constitutes the basis of loss
or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage.
DEFENSE AND PROSECUTION OF ACTIONS
(al Upon written request by the Insured~ and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party 7.
asserts a claim covered by this policy adverse to the Insured.
This obligation is limited to only those stated causes of action
alleging matters insured against by this policy. The Company
shall have the dght to select counsel of its choice (subject to the
right of the Insured to obiect for reasonable cause) to represent
the Insured as to those stated causes of action. It shaJl not be
liable for and wilt not pay the fees of any other counsel. The
Company will not pay any fees, costs, or expenses incurred by
the insured in the defense of those causes of action that allege
matters not insured against by this policy.
(b) The Company shall have the right~ in addition to the options
contained in Section 7 of these Conditions, al its own cosL to
institute and prosecute any action or proceeding or to do any
other act that in its opinion may be necessary or desirable to
establish the TiUe, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any
appropriate action under the terms of this policy, whether or not
it shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision of
this policy. If the Company exercises its rights under this
subsection, it must do so dirigentiy.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may pursue
the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole
discretion, to appeal any adverse judgment or order
DUTY OF INSURED CLAIMANT TO COOPERATE
(al In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding
and any appeals, the Insured shall secure to the Company the
right to so prosecute or provide defense in the action or
proceeding, including the right to use, at its option, the name of
the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the
Company all reasonable aid (il in securing evidence, oblainin9
witnesses, prosecuting or defending the action or proceeding, or
affecting settlement, and (ii) in any other lawful act that in the
opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If the
Company is prejudiced by the failure of the insured to furnish the
required cooperation, the Company's obligations to the Insured
under the policy shall terminate, including any liability or
obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such cooperation
The Company may reasonably require the insured Claimant to
submit to examination under oath by any authorized
representative of the Company and to produce for examination,
inspection, and copying, at such reasonable times and places as
may be designated by the authorized representative of the
Company, all records, in whatever medium maintained, including
books, ledgers, checks, memoranda, correspondence, reports,
e-mails, disks, tapes, and videos whether bearing a date before
or after Date of Policy, that reasonably pertain to the loss or
damage. Fur[her, if requested by any authorized representative
of the Company, the Insured Claimant shall grant its permission,
in writing, for any authorized representative of the Company to
examine, inspect, and copy all of these records in the custody or
control of a third party that reasonably pertain to the loss or
damage. AH information designated as confidential by the
Insured Claimant provided to the Company pursuant to this
Section shall not be disclosed ~o others unless, in the
reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured Claimant to
submit for examination under oath, produce any reasonably
requested information, or grant permission to secure reasonably
necessary information from ~hird parties as required in this
subsection, unless prohibited by law or governmental regulation,
shall terminate any liability of the Company under this policy as
to that daim~
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILtTY
In case of a claim under this policy, the Company sha~l have the
following additional options:
(al To Pay or Tender Payment of the Amount of Insurance, To pay
or tender payment of the Amount of Insurance under this policy
together with any costs, attorneys' fees, and expenses incurred
by the insured C~aimant that were authorized by the Company
up to the time of payment or tender of payment and that the
Company is obligated to pay. Upon the exercise by lhe
Company of this option, all liability and obligations of the
Company to the Insured under this policy, other than to make
the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation.
(b) To Pay or Qtherwise Settle With Padies Other Than the insured
or With the Insured Claimant,
(il To pay or olherwise se[tte with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the
insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay; or
(ii) To pay or otherwise settle with the insured Claimant the
loss or damage provided for under this policy, together with
any costs, attorneys' fees, and expenses incurred Dy the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss
or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any Idigation~
CONDITIONS (Continued)
I Pa~e3 Serial No.: O- Jl
File No.:
8. DETERMINATION AND EXTENT OF LIABILITY
'l~is policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the In~ured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
ti) the Amount of Insurance; or
(ii) Ihe difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by
this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
ti) the Amount of insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is setlied
and paid
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of these
Conditions.
9. LIMITA~OH OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of Unmarketable
Tit~e, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it
shall have fully performed its obligations with respect to that
matter and shall not be liable for any less or damage caused to
the Insured.
(b) In the event of any litigstion, inctudin§ litigation by the Company
or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling
any claim or suit without the prior written consent of the
Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment
11. LIABILITY NONCUMULATIVE
The Amount of insurance shall be reduced by any amount the
Company pays under any policy insuring a Modgage to which
exception is taken in Schedule B or to which the Insured has agreed~
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under this
policy.
12. PAYMENT OF LOSS
When liability and the exdent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be made
within 30 days.
v
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever lhe Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the rights
of the Insured Claimant in the Title and all other rights and
remedies in respect fo the claim that the Insured Claimant has
against any person or property, to the extent of the amount of
any loss, costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant
shall permit the Company to sue, compromise, or settle in the
name of the insured Claimant and to use the name of the
Insured Claimant in any transaction or litigation involving these
dghts and remedies. If a payment on account of a claim does
not fully cover the loss of the Insured Claimant, the Company
shall defer the exercise of its dght to recover until alter the
Insured Claimant shall have recovered its loss.
(b) The Company's dght of subrogation includes the rights of the
Insu~:l to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
controvemy shall be submitted to arbitration pursuant to the Title
insurance Arbitration Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insured arising out of or
relating to this policy, any service in connection with its issuance or
the breach of a policy provision, or to any other controversy or claim
arising out of the transaction giving rise to this policy. All arbitrable
matters when the Amount of insurance is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Insured. All
arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this policy and
under the Rules shall be binding upon the padies. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court of
competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a who~e.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted to
this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to alt of its terms and
provisions. Except as the endorsement expressly states, it does
not ti) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date of Policy, or
(iv) increase the Amount of Insurance
16, SEVER.ABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalidr
but all other provisions shalt remain in full force and effect
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefore in reliance upon the law affecting
interests in real properly and applicable to the interpretation,
dghts, remedies, or enforcement of policies of title insurance of
the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy In neither case
shall the coud or arbitrator apply its conflicts of law principles to
determine the applicable law.
(c) Choice of Forum: Any litigation or other proceeding brought by
the insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to
be given to the Company under this policy must be given to the Company
h
at Claims Department at 300 East 42 St, 10 Finn , New Yo k, NY 10017
I Page4 Serial No.: O-
File No.:
N
Y
S
A
G
&
M
K
T
S
W
A
I
V
E
R
WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owner of 24.108 acres of active farmland and/or 0 acres of non-
farmland, situated as part of Suffolk County Tax Map No. 1000-910-2-6.1 that is proposed
to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to
Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my
right to require the Town of Southold to file with the Commissioner of Agriculture and
Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final
Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the
Agriculture and Markets Law.
Project Sponsor
TOWN OF SOUTHOLD
By:
JO~HN P. SEPE'N~SKI, Deputy Supervisor
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959
(631) 765-1889
Landowner
ROBERT ROWEHL
ROBERT ROWEHL
2755 Oregon Road
Mattituck, New York11952
STATE OF NEW YORK
COUNTY OF SUFFOLK
)SS:
On the ~ day of May, 2007, before me personally appeared JOHN P.
SEPENOSKI, personally known to me or provided to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity as Deputy Supervisor of the
TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal
affixed to said instrument is such corporate seal; and that by his signature on the
instrument, the individual, or the municipal corporation upon behalf of which the individual
acted, executed the instrument and affixed the seal thereto by like order.
Notary Public
PATRIOIA L. FALLON
Notary Public, State Of New York
No. 01FA4950146
Qualified In Suffolk County __
Commission Expires April 24,
STATE OF NEW YORK )
COUNTY OFSUFFOLK )
On the ¢¢ day of May, 2007, before me personally appeared ROBERT ROWEHL,
personally known to me or provided to me On the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acknowledged to me that
he/she executed the same as owner of the subject premises; and that by his signature on
the instrument, the individual, or the persons upon behalf of which the individual acted,
executed the instrument.
Notary Public
PATRICIA L. FALLON
Notary Public, State Of New York
No, 01FA4950146
Qualified In Suffolk County
Commission Expires April 24, ~
MELISSA A. SPIRO
LAND PRESERVATION COORDRqATOR
metissa.spiro @ town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
June 29, 2007
Bob Somers, Ph.D.
Manager, Agricultural Protection Unit
NYS Department of Agriculture and Markets
10B Airline Drive
Albany, NY 12235
ROWEHL to TOWN OF SOUTHOLD
Part of SCTM #1000-100-2-6.1 n/k/a #1000-100-2-6.3
Dear Mr. Some~:
Enclosed please fred a copy of "Waiver - NYS Department of Agriculture and Markets" that was executed
by Deputy Town Supervisor John P. Sepenoski and Robert Rowehl at time of closing on a development
rights easement on agricultural farmland formerly identified as part of SCTM # 1000-100-2-6.1. Details
regarding this easement are as follows:
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
LIBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Robert Rowehl
Town of Southold
May 9, 2007
D00012506
556
2755 Oregon Road, Mattituck, NY
24.108 acres
1000-100.00-02.00-006.003
Please provide me with a written acknowledgment of your receipt of the waiver at your earliest
oppommity. The original is on file with David Behm, Farmland Protection Program Manager at NYS
Department of Agriculture and Markets.
Thank you.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
/md
enc.
N
Y
S
D
E
C
R
E
G
I
S
T
R
Y
NeWYork State Department of Environmental Conservation
i~uiVision of Lands & Forests
reau of Real Property, 5th Floor
625 Broadway, Albany, New York 12233-4256
Phone: (518)402-9442 · FAX: (518)402-9028
Website: www.dec.state.ny.us
Alexander B. Grannis
Commissioner
June 21, 2007
Melissa Spiro
Department of Land Preservation
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
Dear Ms. Spiro:
We have received and filed in our office the following conservation easements:
CE: Suffolk 476
Grantor: Robert Rowehl
Liber: D12506 Page: 555
CE: Suffolk 477
Grantor: Robert Rowehl
Liber: D12506 Page: 556
The conservation easements cited above have been so identified for our indexing and
filing purposes. This number may be needed for the landowner to claim a conservation easement
tax credit. When contacting this office about these parcels, please use the assigned identifier.
Your cooperation in this matter is very much appreciated.
Very truly yours,
JUN 2 5 2007
DEPI OFLAND
PRESERVATION
Timothy A. Reynolds
Real Estate Specialist 2
Bureau of Real Property
MELISSA A. SPIRO
AND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
June 26,2007
Robert Rowehl
2755 Oregon Road
Mattituck, NY 11952
Re:
NYSDEC Conservation Easements Registry
CE: Suffolk 476
SCTM # 1000-94-4-2 (5.003 acre easement)
NYSDEC Conservation Easements Registry
CE: Suffolk 477
SCTM #1000-100-2-6.3 (24.108 acre easement)
Dear Mr. Rowehl:
Please be advised that the Town's purchase of development rights easements on your
properties located in Mattituck have been officially registered with the New York State
Department of Environmental Conservation. Enclosed is a copy of the information we
received from NYSDEC with your properties' assigned identifiers.
If you have any questions regarding the implementation of the new Conservation
Easement Tax Credit and your eligibility to claim the tax credit, please contact Tim
Reynolds at NYSDEC and refer to the assigned identifiers - CE: Suffolk 476 & 477.
yery truly yours,
Melanie Doro-T6~i
Sr. Administrative Assistant
enclosures
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southold.ny.us
Telephone (631) 765-5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
June 11, 2007
NYSDEC
Bureau of Real ProperS,
625 Broadway, 5~h Floor
Albany, NY 122334256
Attention:
Re:
Tim Reynolds
Conservation Easements Registry
ROBERT ROWEI-IL to TOWN OF SOUTHOI~D
Dear Mr. Reynolds:
Enclosed please find a copy of the recorded Grant of Development Rights Easement on agricultural
property located within the Town of Southold to be registered with the New York State Department of
Environmental Conservation. Details regarding this easement are as follows:
GRANTOR:
GRANTEE:
SUFFOLK CO RECORDING DATE:
LIBER:
PAGE:
LOCATION:
EASEMENT ACREAGE:
SUFFOLK CO TAX MAP #:
Robert Rowehl
Town of Southold
May 9, 2007
D00012506
556
2755 Oregon Road, Matfituck, NY
24.108 acres
1000-100.00-02.00-006.003
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
enc.
cc: Robert Rowehl - 2755 Oregon Road, Mattituck, NY 11952 w/o enc.
P
R
O
P
E
R
T
Y
R
E
C
O
R
D
S
ROBERT ROWEHL
to
TOWN OF SOUTHOLD
SCTM #1000-94-4-2 (5.003 acres)
SCTM #1000-100-2-p/o 6.1 (24.108 acres)
Development Rights Easement = 29.111 acres
Location: 2755 Oregon Road, Mattituck
Closing held on Wednesday, May 9, 2007
Department of Land Preservation
{from left to right)
John P. Sepenoski, Deputy Town Supervisor
Robert "Butch" Rowehl
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro @ town.southotd.ny.us
Telephone (631 ) 765-5711
Facsimile (631 ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
Peconic Land Trust, Inc.
The Nature Conservancy
From:
Melissa Spiro, Land Preservation Coordinator
Date: May 9, 2007
Re:
ROBERT ROWEHL to TOWN OF SOUTHOLD
plo SCTM #1000-100-2-6.1
Development Rights Easement - 24.108 acres
Please be advised that the Town has acquired a development rights easement on the agricultural
farmland listed below. If you would like additional information regarding the purchase, please feel
free to contact me.
LOCATION:
SCTM #:
PROPERTY OWNER:
PURCHASE DATE:
PURCHASE PRICE:
TOTAL PARCEL ACREAGE:
EASEMENT ACREAGE:
FUNDING:
MISCELLANEOUS:
2755 Oregon Road, Mattituck
part of 1000-100-2-6.1
Robed Rowehl
Wednesday, May 9, 2007
$1,880,424.00 (based on 24.108 acres @ $78,000/buildable acre)
27.248 acres
24.108 acres
CPF 2% Land Bank
This property is listed on the Town's Community Preservation
Project Plan. The development rights easement is identified as
part of Lot #3 on an approved "Minor Subdivision for Robed
Rowehl" filed in the Suffolk County Clerk's Office on 11/23/98 as
Map No. 10209. This project is on an awarded NYS Ag &
Markets grant and is eligible for partial purchase reimbursement
in the amount of $719,464.00.
--- - -----Robert G.-Rowehl - - - - - --by The Suffolk Times
12/16/2015 12:02 PM
Robert G. Rowehl of Mattituck died at his home Dec. 15, 2015. He was 86.
He was born in Hicksville Feb. 25, 1929, to Diedrick and Beatrice (Wetterau)Rowehl. On May
20, 1950, he married Bertha M. (nee James) in Hicksville.
Formerly of Middle Island, he was an ex-chief(1966 to 1967) and former commissioner of
Middle Island Fire Department and a member of Mattituck Fire Department.
He served on the Long Island Farm Bureau board of directors and was the 1991 Long Island
Farm Bureau-Farmer"Citizen of the Year."He also served on the New York Farm Bureau
Committee and the U.S. Department of Agriculture's Agricultural Stabilization and Conservation
Service.
Predeceased by his wife Bertha M. Rowehl on Feb. 6, 2008, he is survived by his children and
their spouses, Jean and Bill Roberson, James and Rebecca Rowehl, John and Jane Rowehl, Susan
and Carl Krieg, Marie and Serge Desjardins and Karen Rowehl and Pete Raynor; 16
grandchildren and three great-grandsons.
The family received visitors Dec. 17 at DeFriest-Grattan Funeral Home in Mattituck, where
firematic and funeral services took place. Interment was-private and took place at the Rowehl
Family Plot at Plain Lawn Cemetery in Hicksville.
Memorial donations to E
File '¥~e,.~ Toolbs~ Hclp
i~.~:~i ................... 473B89 Southold Active FI,iS: 1 School: Idattituck $cho
Rowehl Hobert RellYear: ~-~ Cu~ Y~ Land ~ights Land~/: 3.G00
O~egon Rd Land Size: 24.11 ac~es TotalAV: 3.B00
Owne~ To~t: 1 Site To
Name: Robert Ro~ehl P pc s' Nbhd Cd: Se~¢er: Water: Utilities:
Addl Add~: Land rights O
poSt eeBox:: 2755 Oregon Rd
Cp ~att tuck. NY Zip: 11952-
Ta~ab e Va ue Mbcellaneous Land Tota: 0
CountYscFooVi ~n 200200200 Book:t.,tortQ:page: T~pe: FF:: Depth: A~es: Sqft:
Village: 0 Bank:
Schl ~ffer S~ar~, 200 Aect N o: 37
Sale Total: 0 Building Teta 0
Book Paqe~ SaleDa e Sole Price Ovmer
Exempti66:;;: Total: I T~rrn Own mpfovement To(al: 0
Code ,::; :;;:: Amoun~ Year Pet [ype ame D~ml D m2 ~FT Y ButJt
41720AG DIST 3.40000
Special Dishict Total: 3 Value /
Code Unit~ Pot Type Move Tax
FD030 Hattituck ED 00 00 .00
PK071 Nattituck Pail _00 .00 .00
~011 Solid Wasle I .OO .00 .00
Double click to open a windo,A
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
1V~kRTIN H, SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 24, 2007
M~MLI NG ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
Janice Snead, Esq.
Twomey, Latham, Shea, Kelley et al.
33 West 2® Street
P.O. Box 9398
Riverhead, NY 11901
Re:
Subdivision for the Property of Robert Rowehl
Located on the south side of Sound View Avenue and the north side of Oregon
Road in Mattituck
SCTM#1000-94-4-1 & 2 and 1000-100-2-6.1 Zoning Districts: A-C
Dear Ms. Snead:
The Southold Town Planning Board, at a meeting held on Monday, April 23, 2007,
adopted the following resolution:
The public hearing was closed.
WHEREAS, this proposal is to amend the filed Declaration of Covenants and
Restrictions that were recorded on May 4, 1998 (Liber 11891, Page 457) in connection
with the Subdivision of Robert Rowehl; the proposed amendments will allow SCTM#
1000-94-4-1 to have direct access from Sound View Avenue and provide for access to
SCTM#1000-94-4-2 over SCTM#1000-100-2-6.1; and
WHEREAS, this proposal is in connection with the proposed Development Rights Sale
to the Town of Southold involving the properties identified as SCTM#1000-100-2-6.1
(Parcel A) and SCTM#1000-94-4-2 (Parcel B) as shown on the Subdivision Map of
Robert Rowehl, approved by the Southold Town Planning Board on October 26, 1998;
and
WHEREAS, Parcel A is approximately 27 acres upon which the Development Rights to
24 acres are proposed to be sold to the Town of Southold and Parcel B is 5 acres upon
which all of the Development Rights are proposed to be sold to the Town of Southold;
and
Robert Rowehl Subdivision
Pa.qe Two
April 24, 2007
WHEREAS, because Parcels A and B will no longer have residential development
potential, the proposed modifications to the Declaration of Covenants and Restrictions
are designed to provide access that is appropriate for preserved land, while ensuring
that access to SCTM#1000-94-4-1 from Sound View Avenue is permitted; and
WHEREAS, the Southold Town Planning Board discussed these proposed
modifications at their Work Session on January 16, 2007 and agreed that said changes
to the Declaration of Covenants and Restrictions requires a public hearing and approval
by majority plus one of the members of the Board; and
WHEREAS, on April 13, 2007, the applicant submitted the final draft amended
Declaration of Covenants and Restrictions which contained all of the modifications as
agreed to by the Planning Board; be it therefore
RESOLVED, that the Southold Town Planning Board hereby approves the amended
Declaration of Covenants and Restrictions and authorizes the agent and/or applicant to
file the document in the Office of the County Clerk, subject to the following:
In the event that the Development Rights Sale to the Town of Southold
does not occur, this approval shall be rendered null and void and the
amended Declaration of Covenants and Restrictions will be reverted back
to the original as filed in connection with the Subdivision of Robert Rowehl
(Liber 11891, Page 457).
This approval is valid for six (6) months from the date of the resolution unless an
extension of time is requested by the applicant and approved by the Planning Board.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Chairperson
cc: Melissa Spiro, Land Preservation Coordinator
lAS A. TWOMEY, JR
STEPHEN B. LATHAM
JOHN F. SHEA, Ill
CHRISTOPHER D. KELLEY
TWOMEY, LATHAM, SHEA, KELLEY,
DUBIN & QUARTARARO rile
Attorneys at Law
Mailing Address
Pest Office Box 9398
Riverhead
New York 11901-9398
33West Second Street
Riverhead
New York 11901-9398
Telephonet 631.727.2180
Facsimile; 631.727.1767
WWW. SU ffolklaw.com
April 12, 2007
of COUNSEL
KENNETH P. LAVALLE
JOAN C. HATFIELD
Town of SoutRo±d
Planning Board
P.O. Box 1179
Southold, New York
11971
Attention: Jerilyn B. Woodhouse,
Chairperson
Re: Property of Robert G. Rowehl
SCTM#1000-94-4-1,2 and 1000-100-2-6.1
Application to Modify
Declaration of Covenants and Restriction~
and Filed Subdivision Map #10209. · ....
Dear Chairperson Woodhouse and Members of the Board:
This firm represents Robert G. Rowehl, who resides at 2755
Oregon Road, Mattituck, New York. Mr. Rowehl is the fee owner of
the three parcels referenced above that were created pursuant to
minor subdivision approved granted by the Planning Board subject
to a Declaration of Covenants and Restrictions dated April 2,
1998, recorded May 4, 1998 at Liber 11891, Page 457.
Mr. Rowehl has recently accepted the Town of Southold's offer
to purchase the development rights for lot 94-4-2 consisting of
approximately 5 acres as well as the development rights for 24 of
the 27 acres of lot 100-2-6.1 subject to modification of the
existing Covenants and Restrictions as well as the Filed Map.
Because residential development will no longer be permitted
on lot 94-4-2 or part of lot 100-2-6.1, it is respectfully
requested that the Planning Board approve the proposed
modification as contained in the proposed Declaration of Covenants
and Restrictions attached hereto, after public hearing.
The proposed Covenant will permit lot 94-4-1 to have direct
access from Sound View Avenue as opposed to a shared driveway with
lot 94-4-2 as required by the existing Covenant. The proposed
Covenant will permit lot 94-4-2 to have access over lot 100-2-6.1
instead of lot 94-4-1 as required by the existing Covenant.
20 MAIN STREET 51 HILL STREET 105 ROUTE 112, FL 1S 400 TOWNLINE ROAD 56340 MAIN ROAD, P O BOX 325
EAST HAMPTON, NY 11937 SOUTHAMPTON, NY 11968 PORT JEFFERSON STA., NY 11776 HAUPPAUGE, NY 11765 SOUTHOLD, NY 11971
631.3241200 631 287.0090 63t 926 4400 631.265.1414 631.765.2300
Page --2-
Finally, the proposed Covenant shall render void the
notations on the Filed Map which (a) identify the "area to provide
common driveway access for Lots 1 and 2" and (b) state that "no
vehicular access" for Lot 1 shall be permitted.
On behalf of our client, it is requested that this matter be
sch=uu~=~ for~u~-"~- hearing.
Respectfully,
Janice L. Snead
JLS:jan
Cc: Melissa Spiro
Land Preservation Coordinator
Lisa Kombrink, Esq., Special Counsel
PROPOSED
DECLARATION OF
COVENANTS AND RESTRICTIONS
This
by ROBERT G. ROWEHL,
Mattituck, New York
'~Declarant".
Declaration, made and dated the day of , 2007,
an individual residing at 2755 Oregon Road,
11952, hereinafter referred to as the
WITNESSETH:
WHEREAS, Declarant is the owner in fee simple of a certain
parcel of land designated on the Suffolk County Tax Map as
District 1000, Section 94, Block 4, Lots 1 and 2, and Section 100,
Block 2, Lot 6.1 described in Schedule "A" annexed hereto and made
a part hereof, hereinafter referred to as the "premises"; and
WHEREAS, the Declarant has applied to the Planning Board of
the Town of Southold for approval to modify certain provisions of
the Declaration of Covenants and Restrictions applicable to the
premises dated April 2, 1998, recorded in the Office of the
Suffolk County Clerk on May 4, 1998 at Liber 11891, Page 457;
NOW, THEREFORE, in consideration of the premises, the
Declarant herein declares that with the consent of the Planning
Board of the Town of Southold after public hearing, that the
Declaration of Covenants and Restrictions applicable to the
premises dated April 2, 1998, recorded in the Office of the
Suffolk County Clerk on May 4, 1998 at Liber 11891, Page 457, is
hereby modified as follows:
Avenue.
2.
Access to Lot 94-4-1 shall be permitted from Sound View
Access to Lot 94-4-2 shall be provided over a single
common access over Lot 100-2-6.1. The common access or right-of-
way over Lot 100-2-6.1 from Sound View Avenue shall be build
according to Town of Southold requirements.
3. The construction and maintenance of a common access or
right-of-way providing access to Lot 94-4-2 and Lot 100-2-6.1 from
Sound View Avenue shall be the responsibility of the fee owner of
the said lots.
4. Run-off associated with the future construction of the
common access shall be contained on site.
5. There shall be no further subdivision of Lot 94-4-1 or
Lot 94-4-2 in perpetuity.
6. These amended Declaration of covenants and Restrictions
shall render void the map notations which (a) identify the "area
to provide common driveway access for Lots 1 and 2" and (b) state
that "no vehicular access" for Lot 1 shall be permitted, as shown
on the approved subdivision map (Filed Map #10209).
?. That all of the covenants, conditions and restrictions
contained herein shall be construed as real covenants running with
the land and shall continue and remain in full force and effect at
all times as against the owner of the premises or any portion
thereof in perpetuity. Said covenants, conditions and
restrictions shall be binding upon, inure to the benefit of and be
enforceable by the Declarant, his heirs, successors and assigns,
any owner of any portion of the aforementioned premises, their
heirs, successors and assigns, and the Town of Southold and its
successors and assigns, and the failure of any of the foregoing to
enforce any of such covenants, conditions and restrictions shall
in no event be deemed a waiver of the right to do so thereafter.
The Declarant grants the continuing right in perpetuity to
the Town of Southold or any of its designated representatives to
inspect any areas designated as open space, common areas or
similar nomenclatures so as to insure continued compliance with
the covenants, terms and provisions designated herein in regard to
same and to insure that such covenants, terms and provisions have
not been violated.
The Declarant grants the continuing right in perpetuity to
the Town of Southold or any of its designated representatives to
enforce the conditions and restrictions of the covenants. These
rights of inspection and enforcement shall be binding upon
Declarant, his heirs, legal representatives, distributes,
successors, assigns and transferees.
~ In addition to the rights of other parties to enforce the
conditions and restrictions of these covenants, the Planning Board
shall also have the authority, through appropriate legal action
and after due notice to the Declarant, his heirs, executors, legal
representatives, distributes, successors and assigns, to enforce
the conditions and restrictions of these covenants.
These covenants and restrictions can be modified only at the
request of the then owner of the premises with the approval of a
majority of the Planning Board of the Town of Southold, or its
successor body, after a public hearing. Adjoining property owners
shall be entitled to notice of such public hearing, but their
consent to such modification shall not be required.
Robert G. Rowehl
STATE OF NEW YORK )
) ss:
COUNTY OF SUFFOLK )
On the __ day of , 2007, before me personally came
ROBERT G. ROWEHL known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name is
subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity, and that by his signature on
the instrument, the individual, or the person upon behalf of which
the individual acted, executed the instrument.
Notary Public
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH k TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 10, 2007
Janice Snead, Esq.
Twomey, Latham, Shea, Kelley, Dubin and Quartararo, LLP
33 West 2nd Street
P.O. Box 9398
Riverhead, NY 11901
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
t. APR l l 2007
DEPT. OF LAND
PRESERVATION
Re:
Subdivision for the Property of Robert Rowehl
The properties are located on the south side of Sound View Avenue and the north
side of Oregon Road in Mattituck.
SCTM#1000-94-4-1,2 and 1000-100-2-6.1 Zoning Districts: A-C
Dear Ms. Snead:
The Southold Town Planning Board, at a meeting held on Monday, April 9, 2007,
adopted the following resolutions:
WHEREAS, this proposal is to amend the filed Declaration of Covenants and
Restrictions that were recorded on May 4, 1998 (liber 11891, page 457) in connection
with the Subdivision of Robert Rowehl. The proposed amendments will allow SCTM#
1000-94-4-1 to have direct access from Sound View Avenue and provide for access to
SCTM# 1000-94-4-2 over SCTM#1000-100-2-6.1.; and
WHEREAS, this proposal is in connection with the proposed Development Rights Sale
to the Town of Southold involving the properties identified as SCTM#1000-100-2-6.1
(Parcel A) and SCTM#1000-94-4-2 (Parcel B) as shown on the subdivision map of
Robert Rowehl, approved by the Southold Town Planning Board on October 26, 1998;
and
WHEREAS, Parcel A is approximately 27 acres, upon which the Development Rights to
24 acres are proposed to be sold to the Town of Southold, and Parcel B is 5'acres upon
which all of the Development Rights are proposed to be sold to the Town of Southold;
and
WHEREAS, because Parcels A and B will no longer have residential development
potential, the proposed modifications to the Declaration of Covenants and Restrictions
are designed to provide access that is appropriate for preserved land, while ensuring
that access to SCTM#1000-94-4-1 from Sound View Avenue is permitted; and
Robert Rowehl Subdivision
Page Two
April 10, 2007
WHEREAS, the Southold Town Planning Board discussed these proposed
modifications at their work session on January 16, 2007 and agreed that said changes
to the Declaration of Covenants and Restrictions requires a public hearing and approval
by majority plus one of the members of the Board; be it therefore
RESOLVED, that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act (6 NYCRR), Part 617.5 c (3), makes a determination
that the proposed action is a Type II and not subject to review; and be it further
RESOLVED, that the Southold Town Planning Board set Monday, April 23, 200? at
4:00 p.m. for a public hearing on the proposed amendments to the Declaration of
Covenants and Restrictions originally recorded on May 4, 1998 (liber 11891, page 457)
in connection with the Subdivision for the Property of Robert Rowehl.
Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to
the Town's notification procedure. Th~ notification form is enclosed for your use. The
sign and the post will need to be picked up at the Planning Board Office, Southold Town
Annex. Please return the enclosed Affidavit of Posting along with the certified
mailing receipts AND the signed green return receipt cards before 12:00 noon on
Friday, April 20th; -~e sign and the post need to be returned to the Planning
Board Office after the public hearing.
If you have any questions regarding the above, please contact this office.
Very truly yours,
3erilyn B. Woodhouse
Chairperson
cc: Melissa Spiro, Land Preservation Coordinator
LO
c~
ZONING DISTRICT~ AC
SCHOOL DISTRICT ~ 9
MINOR SUBDIVISION /,
FOR ,'/'
ROBERT ROWEHL ,/
AT MA TTITUCK ....... ,
TOWN OF SOUTHOLD ,;
SUFFOLK COUNTY, N Y. ,'
1oo0 - 1oo - o2 - 06
Scale, !'.'= 100'
Dec. 7, 1995
'
'85 - 303 ' ,.:
A
E
R
I
A
L
S
I
I
!
I
I
I
I
I
I
!
I
i
I
i
AERIAL PHOTO 1996
I
I
I
I
I
I
I
I
I
I
I
I
I
!
I
AERIAL PHOTO 1984
1
I
I
I
I
t
I
I
I
i
I
i
I
i
I
I
AERIAL PHOTO 1978
I
i
I
i
I
I
I
I
I
I
I
I
I
I
I
I
AERIAL PHOTO 1966
I
I
I
I
I
] AERIAL PHOTO 1955
Ii
S
U
R
V
E
Y
NIO/F RANDY SCOTT SHUR
soUTHOLD TOWN DEVELOPMENT RIGHTS
LOT
S 25°48'00' E
24'25'40' E.
~ f85.63 h!
N/O/F BRIAN PESSlN
DEVELOPMENT RIGHTS
TO K'N OF
AREA
556.29'
905. 77'
cf Y/oy ~
5ob. cB'
TO BE SOLD
SOUTHOLD
='5.005 Acres
TO THE
%N. 24'B3'40" W.~-~°- v e rn · ~ ¢
N/O/F KELL 'Y KAELINI
824.85'
F
N/O/F
FRANK IMBRIANO
APR 12 2OO7
LOT NUMBERS ARE REFERENCEO TO "MINOR SUBD.'VtSION FOB
ROBERT ROWEHL" FILEO IN THE OFF/CE OF THE SL/FPOLR
COUNTY CLERK ON NOV, 25, t99B AS M~R NO. 10;209"
? 25'40'00" E
~- ,
DE.'VEL OPMEN T RIGH TS
A R M
N/O/F ALLAN ARRIETA
TO BE SOLD TO THE TO~/N OF sOUTHOLD
LOT (~
AREA = 24.108 Acres
F I E L D
SURVEY OF PROPERTY
A T MA TTITUCK
TO WN OF SOUTHOLD
!006 - 94 - 04 - 02 ~& lO00 - 100 - 02 - P/O 6.1
$C. ALE.' I"= IO0'
MARCH ~ 2007
APRIL /(~ 2007 ffev/s/ons~
FINAL
SURVEY
TOTAL AREA = 32.251 Acres
~ RESERVED AREA
i ~ 3.140 Acres
30'
ELIJAH'S LANE
N/O/F RUSSELL. WE, SS
& COUNTY OF SUFFOLK
CERTIFIED TO,
ROBERT G. RO~/EHL,
TOICN OF SOUTHOLD,
STEWART TITLE INSURANCE COMPANY,
NYE DEPARTMENT OF AGRICULTURE AND MARKETS
(651I 765 - 5020
P. O. BOX 909
1250 TRAVELER STRE~
SOUTHOLD~ N.Y. 1/971
07-121
A
E
R
I
A
L
M
A
P
Town of
Town
Public
Southo d
Board
Hearing
Town Development
Rights Purchase
Map Prepared by
Town of Southoid
March 28, 2007
~ #
SCTM
Rowehl
~ 000-100,-2-6.1
94.-4-2
/